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HUGHES v. ZEARFOSS (03/22/61)

March 22, 1961

HUGHES
v.
ZEARFOSS, APPELLANT.



Appeal, No. 431, Oct. T., 1960, from judgment of Court of Common Pleas of Berks County, March T., 1958, No. 16, in case of Hubert W. Hughes et al. v. Dale E. Zearfoss. Judgment affirmed.

COUNSEL

G. Roderick Snyder, with him George R. Eves, for appellant.

John C. Clemmens, with him Rhoda, Stoudt & Bradley, for appellees.

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

Author: Rhodes

[ 194 Pa. Super. Page 409]

OPINION BY RHODES, P.J.

This is an appeal from a judgment for plaintiff in a trespass action. Suit was instituted following a collision between two automobiles. The accident occurred on Route 22 in Berks County, when the automobile of plaintiff-driver, Hubert W. Hughes, collided with the automobile driven by defendant. The case was tried

[ 194 Pa. Super. Page 410]

    in the Court of Common Pleas of Berks County before Judge READINGER. The jury returned a verdict for plaintiff, Hubert W. Hughes, in the sum of $4,840.47, and for his wife, Julie Hughes, plaintiff-passenger, in the sum of $10,000. Defendant presented a point for binding instructions, and thereafter filed a motion for judgment n.o.v. relating only to the verdict against defendant in favor of plaintiff, Hubert W. Hughes. The point for binding instructions was refused, and the rule for judgment n.o.v. was discharged. Defendant has appealed.

The facts are adequately stated in the opinion of Judge READINGER, and follows:

"In the light of the verdict, the following facts were established by the testimony: On a clear, sunny day at about 5:00 p.m. the plaintiff was driving his automobile westwardly on Route 22 on the westbound concrete lanes which were each 12 feet in width. There was no traffic preceding him in a westwardly direction immediately before the accident, and he was traveling in the outside or right-hand traffic lane at a speed of between 50 and 55 miles per hour in a 60 mile per hour zone.

"Immediately prior to the accident the defendant was driving eastwardly on said Route 22 on the two concrete lanes provided for eastbound traffic, closely following another car driven by his brother, at a speed in excess of 60 miles per hour. At the point where the collision occurred, the westbound lanes and the eastbound lanes of Route 22 are separated by a medial or divider strip approximately 18 feet wide and covered with grass.

"As the defendant proceeded eastwardly behind his brother's automobile, the two cars overtook other traffic proceeding eastwardly on their outside lane. The defendant turned left to enter the inside lane for the ...


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