Appeal, No. 127, Oct. T., 1961, from order of Municipal Court of Philadelphia County, Nov. T., 1958, No. 1084, in case of John C. Robinson V. Edward Brown. Order reversed.
Ir6in N. Rosenzweig, with him Rosenzweig, Krimsky & Goichman, for appellant.
Fred J. Silverman, with him Max E. Cohen, and William W. McAdams, for appellee.
Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).
[ 195 Pa. Super. Page 385]
This appeal is from an order of the Municipal Court of Philadelphia refusing appellant's motion for a new trial.
On November 10, 1958, the appellant, John C. Robinson, was driving his automobile north on 13th Street, a through street, in the City of Philadelphia. As he approached the intersection of 13th and Cumberland Streets, the appellee, Edward Brown, was driving west on Cumberland Street, which was controlled by a stop sign. The appellee failed to stop for the stop sign and the cars collided in the intersection.
The court below sets forth the testimony as follows:
"The plaintiff testified that he had chains on his automobile tires; that he had stopped about 10 to 15 feet from the corner of Cumberland Street to permit a truck to park, then took off in low gear, then in second gear; that when he was 10 feet from Cumberland Street he saw defendant's automobile about 25-30 feet case of the stop sign at 13th Street, coming west on Cumberland Street at about 30 miles per hour; that the plaintiff 'broke' his speed to 15 miles per hour, then 10 miles per hour, and when he saw that the defendant was not going to stop the plaintiff applied his brakes and tried to stop, but it was too late. The plaintiff stated that there was no snow under the railroad bridge at the intersection and that he didn't see any ice there.
"In contradiction to this testimony, the defendant, while admitting that he went through the 'stop sign', testified that he had snow tires on his car; that he was traveling in the center of the street; had slowed down
[ 195 Pa. Super. Page 386]
to make a turn, and was only going 10 miles per hour; that as he entered the street under the bridge he noticed a sheet of ice and applied his brakes 'very softly' but nevertheless his car began to skid; that when he realized he was going to skid he blew his horn to warn other traffic; that he saw plaintiff's car about 30 ...