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SMITH v. WALDMAN (09/16/60)

September 16, 1960

SMITH
v.
WALDMAN, APPELLANT.



Appeals, Nos. 133, 134, and 135, Oct. T., 1960, from judgments of Court of Common Pleas No. 5 of Philadelphia County, June T., 1956, No. 8211, in case of Jeffrey Smith et al. v. Arthur Waldman. Judgments affirmed.

COUNSEL

Henry Temin, with him Harold M. Kominars, and Max E. Cohen, for appellant.

M. Stuart Goldin, with him Norman Shigon, for appellees.

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

Author: Ervin

[ 193 Pa. Super. Page 167]

OPINION BY ERVIN, J.

These are appeals from the refusal of the court below to grant defendant's motion for judgment n.o.v.

The case arose as a result of an automobile accident which occurred on the East River Drive near the Strawberry Mansion ramp in Philadelphia. The jury found

[ 193 Pa. Super. Page 168]

    verdicts in favor of Jeffrey Smith in the amount of $3,500.00; Barry Smith in the amount of $250.00; and Harry Smith and Florence Smith in the amount of $1,468.00.

In considering a motion for judgment n.o.v., the verdict winner must be given the benefit of the evidence which is most favorable to him, together with all reasonable inferences therefrom: Shaffer v. Baylor's Lake Assn., Inc., 392 Pa. 493, 141 A.2d 583; Goldenberg v. Watkins, 191 Pa. Superior Ct. 5, 155 A.2d 478.

The accident occurred on June 25, 1956, a clear, bright, sunny day, at 3:00 p.m. on the East River Drive at a point just south of the Strawberry Mansion ramp. At that point the East River Drive is 42 feet, 8 inches wide and contains two northbound lanes and two southbound lanes for traffic. The minor plaintiffs, Jeffrey Smith, age 6 1/2, and Barry Smith, age 5, were standing on the curb on the east side of the East River Drive, just south of the intersection of the East River Drive and the Strawberry Mansion ramp, together with another boy, David, age 9. They were facing in a westerly direction, preparing to cross the road; the defendant was operating his automobile in a southerly direction in the lane nearest the west side of the East River Drive at a speed of 25 to 30 miles per hour. There was no traffic in front of the defendant's vehicle and he had clear visibility.The defendant saw the boys when he was 100 to 150 feet away from them. When the defendant's car was was about a block away, the boys started to run across the road. The defendant was unable to stop his vehicle and struck Jeffrey with the ...


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