Appeal, No. 63, Jan. T., 1960, from judgment of Court of Common Pleas of Chester County, Oct. T., 1957, No. 48, in case of Constance Gordon et al. v. Nicholas Wismer. Judgment reversed.
Fred T. Cadmus, III, for appellant.
John M. Kurtz, Jr., for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE BOK.
This is a suit by husband and wife arising out of an accident to the wife, who was struck by defendant's car while she was afoot and crossing Main Street in Spring City, Chester County. A jury awarded her $8000 and her husband $3236.50, and they filed separate appeals when the court below granted judgment for defendant n.o.v. Both appeals were quashed for some reason not now of concern, and later the wife's appeal alone was reinstated. This is what we will now consider. Defendant also filed a motion for a new trial based on the conventional reasons, but it has not been pressed or argued.
Judgment was given because the court below considered the wife guilty of contributory negligence.
The evidence discloses that she was going to work at seven o'clock in the morning of June 29, 1955. It was light, clear, and dry. Her husband, driving their car, let her off at the curb opposite the entrance to the plant where she worked. To get there she had to cross Main Street, which ran north and south and was about thirty-three feet wide. Her point of crossing was midway in a block some 1200 feet long, and cars were parked solidly along the east and west sides of the street. Mr. Gordon got his car in to the curb by stopping beside a fire plug.
Plaintiff got out, walked to the rear of the car, which then drove off, and walked forward into the street about seven feet to a place where she could see, and looked both ways. She saw nothing except a doubleparked car to her right that was stopped to unload a passenger. She then hurried forward and when she
was at some point at or near the center of the street she was hit and at the same moment saw a flash of green. As she stopped rolling she heard the screech of brakes. She never saw the car that hit her and it is conceded that she did not look after she left the point a car's width from the west curb where she looked both ways.
There were skid marks thirty-eight feet, eight inches long, and the police chief who measured them testified that they led to defendant's front and rear wheels. There was no painted white line to mark the center of Main Street, and the police chief said that the skids were in the easterly half of the street "with the exception of the ending of them": it looked to him as if the car had swerved to the left, but he still put the marks "a little off", that is to the east of the approximated center. He said that the clear space between the two lanes of parked cars was ...