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FENSTERMAKER v. BODAMER (06/15/61)

June 15, 1961

FENSTERMAKER
v.
BODAMER, APPELLANT.



Appeal, No. 287, April T., 1960, from judgment of Court of Common Pleas of Crawford County, Feb. T., 1951, No. 41, in case of William D. Fenstermaker v. Roseanna Bodamer. Judgment affirmed.

COUNSEL

F. Joseph Thomas, for appellant.

Stuart A. Culbertson, with him Paul E. Allen, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Ervin

[ 195 Pa. Super. Page 438]

OPINION BY ERVIN, J.

This is an appeal from the refusal of the court below to grant defendant's motions for new trial and judgment n.o.v.

The case arose as the result of an automobile accident which occurred at the uncontrolled intersection of North Perry Street and West Elm Street in the city of Titusville, Pennsylvania. The jury found a verdict in favor of the plaintiff in the amount of $2,000.00.

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.

On May 21, 1950, at 12:15 p.m., plaintiff was operating his 1949 Dodge at a speed of about 15 miles an hour in a northerly direction on North Perry Street at or about its intersection with Elm Street. Plaintiff's visibility to his left was obscured by a house, a hedge, several large maple trees and an automobile which was parked on the south side of Elm Street, 15 or 20 feet from the west side of North Perry Street. Defendant corroborated plaintiff as to the poor visibility of the intersection. The plaintiff looked to the left and right prior to entering the intersection, as he entered the intersection, and when he was about halfway through the intersection. When halfway through the intersection, the left front of plaintiff's vehicle was struck by the defendant's vehicle. Plaintiff saw defendant's vehicle just prior to the impact as he glanced to his left. The impact turned plaintiff's car slightly to its right, where it came to rest approximately 5 feet

[ 195 Pa. Super. Page 439]

    from the point of impact. The impact turned defendant's car to its left and it continued on over the curb and onto the sidewalk in front of the church at the northeast corner of the intersection.

We believe that the plaintiff was not guilty of contributory negligence as a matter of law. That question was properly left to the jury: Goldenberg v. ...


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