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MACDOUGALL v. CHALMERS (06/15/60)

June 15, 1960

MACDOUGALL
v.
CHALMERS, APPELLANT.



Appeal, No. 3, April T., 1960, from judgment of Court of Common Pleas of Allegheny County, July T., 1955, No. 1196, in case of Alexander S. MacDougall v. James Chalmers. Judgment reversed.

COUNSEL

Robert S. Grigsby, with him Pringle, Bredin & Martin, for appellant.

William W. McVay, with him McArdle, Harrington & McLaughlin, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Montgomery

[ 192 Pa. Super. Page 402]

OPINION BY MONTGOMERY, J.

Appellee recovered a verdict against appellant in an action of trespass for damages to his automobile caused by a collision between it and an automobile

[ 192 Pa. Super. Page 403]

    owned and driven by appellant. The lower court refused to grant judgment n.o.v. in appellant's favor and entered judgment for appellee on the verdict. This appeal was taken from such action.

Considering the evidence in the light most favorable to appellee and giving him the benefit of all reasonable inferences therefrom, the established facts may be stated briefly as follows: On March 16, 1955, at 1:10 p.m. appellee was operating his car north on Mill Street in the Borough of Wilkinsburg. As he approached Ross Street, he stopped to discharge a passenger. The point at which he stopped was at or near a "stop sign" indicating Ross Street to be a through street. The sign was located approximately ten feet south from the south curb line of Ross Street. The stop at the sign was the last one made by appellee before proceeding into the intersection, which was at right angles. From that point he could not observe traffic on Ross Street approaching from the west (his left) because of automobiles parked on the south side of Ross Street west of Mill Street. He proceeded from that point into the intersection at five miles per hour and was struck about the middle of his left side by the front of appellant's car when the front of his car was at or a little beyond the medial line of Ross Street. At that time appellee was on the right side of Mill Street projected across Ross Street and appellant was on the right side of Ross Street as it was projected through Mill Street but close to the medial line of same because of the cars parked on the south side of Ross Street. Both cars stopped in approximately the same position that they were in at impact. Appellant's speed was estimated by a witness for appellee at 35 miles per hour, which witness placed appellant's car three to four car lengths "up Ross Avenue" when he saw that an accident was inevitable. Ross Street is 30 feet 1

[ 192 Pa. Super. Page 404]

    inch wide and Mill Street is 18 feet 4 inches wide, each measured from curb to curb.

Appellant's motion for judgment n.o.v. was based on two reasons: first, that no negligence was shown on the part of appellant, and; second, appellee was ...


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