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ENFIELD v. STOUT. (05/23/60)

May 23, 1960

ENFIELD, APPELLANT,
v.
STOUT.



Appeals, Nos. 45, 46, 47 and 168, March T., 1960, from judgments of Court of Common Pleas of Somerset County, No. 1519 C.D. 1959, and No. 1333 C.D. 1958, in case of Ross L. Enfield et al. v. Frances E. Stout et al. Judgments affirmed.

COUNSEL

Joseph N. Cascio, with him Paul E. C. Fike, and Fike and Cascio, for appellants.

Frank S. Lucente, for defendant, appellant.

Frank A. Orban, Jr., for appellee.

Before Jones, C.j., Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Eagen

[ 400 Pa. Page 8]

OPINION BY MR. JUSTICE EAGEN.

This matter involves two appeals in separate actions, arising out of an automobile accident, which were consolidated for the purpose of trial in the court below.

The first case presented in the lower court was that of the Stouts against Donald Lee Enfield. Plaintiffs put in their case. Defendant (the additional defendant, as such, has no interest in this appeal) moved for a compulsory non-suit and, it being denied, rested without presenting any evidence. Thereupon, defendant moved for a directed verdict. It, too, was denied. Whereupon, the taking of testimony in the case of the Enfields against the Stouts commenced. The jury returned a verdict for the plaintiffs in the first suit and a verdict for the defendants in the second. At this juncture counsel for Donald Lee Enfield, defendant in the first suit, moved for a judgment non obstante veredicto. This motion was denied and judgment entered upon the jury's verdict. Counsel for the Enfields, plaintiffs in the second suit, moved for a new trial.

[ 400 Pa. Page 9]

This was denied and judgment entered upon the verdict. These appeals followed.

On May 13, 1958, at approximately 10:15 p.m., a dark but clear night, a Pontiac convertible, travelling westwardly on Legislative Route #55058 in Somerset Township, came into violent collision with a Dodge truck which was proceeding southwardly along Pleasant Hills Road (a "side road") at its intersection with the aforesaid Legislative Route. A stop sign, erected on the northwest corner of the square, controlled traffic moving in the direction of the truck.

At these corners the terrain is generally level, the only exception being a "dip" in the east-west through road. The westernmost lip of this depression is three hundred feet east of the intersection in question and visibility from this point into the intersection is unobscured. A car, while in this declivity, is momentarily cut off from a view of the corners in question and, likewise, is hidden from the sight of motorists stopped at or about the stop sign above referred to. This pitch ...


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