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SWEENY v. BONAFIGLIA. (03/23/61)

March 23, 1961

SWEENY, APPELLANT,
v.
BONAFIGLIA.



Appeal, No. 295, Jan. T., 1960, from judgment of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1956, No. 8485, in case of James Sweeny v. Angelo Bonafiglia. Judgment affirmed.

COUNSEL

David H. Kubert, with him Martin R. Fountain, for appellant.

Ronald H. Sherr, with him Howard R. Detweiler, for appellee.

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

Author: Eagen

[ 403 Pa. Page 218]

OPINION BY MR. JUSTICE EAGEN.

The plaintiff-appellant sued the defendant-appellee for personal injuries and property damage resulting from an automobile collision. The jury trial resulted in a verdict for the defendant. The lower court denied a new trial. From the judgment entered upon the verdict, this appeal was filed.

The collision occurred about ten o'clock in the morning on April 7, 1956, at the right-angled intersection of Wheatsheaf Lane and Aramingo Avenue in the City of Philadelphia. The defendant's automobile was proceeding south on Aramingo Avenue which is seventy-two feet wide from curb to curb. There is a six foot medial strip in the center allowing for a thirty-three foot wide pavement on each side, or three lanes for traffic traveling in each direction. The plaintiff's automobile was traveling west on Wheatsheaf Lane which is forty feet in width. There are no traffic light signals at the intersection, but Wheatsheaf Lane is controlled by stop signs, Aramingo Avenue being a

[ 403 Pa. Page 219]

    through highway. It was raining but visibility was good.

The versions of the occurrence differed substantially in material facts. Plaintiff testified that he stopped at the stop sign, looked in both directions and saw no traffic except two cars coming south on Aramingo Avenue, one in the easternmost lane immediately next to the medial strip at a distance of about three-fourths of a block away; the other in the westernmost lane for southbound traffic at a distance of about one and one-half blocks away. The plaintiff proceeded across the intersection at about ten miles per hour and came to a complete stop at the medial strip. There was a car going south on Aramingo Avenue about seventy-five feet away. He permitted it to pass. He saw another car two hundred and fifty to three hundred feet traveling south at a normal rate of speed in the westernmost lane. Thinking it was safe to proceed, he started across the remaining thirty-three feet of the intersection at about ten miles per hour. He did not look to his right again. His car was struck at the rear when about four feet of the front thereof had passed safely beyond the westerly curb line with eleven or twelve feet still projected out into the intersection.

The defendant testified that his automobile was traveling approximately thirty-five miles per hour in the easternmost southbound traffic lane. He saw plaintiff's automobile stop at the stop sign and stop again at the medial strip. The defendant's car was then two hundred and fifty to three hundred feet from the intersection traveling about thirty-five miles per hour. The front bumper of the plaintiff's car was extending out into the southerly traffic lane of Aramingo Avenue. The defendant turned ...


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