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CLARK v. MORRISON. (01/17/62)

January 17, 1962

CLARK, APPELLANT,
v.
MORRISON.



Appeals, Nos. 479, 480 and 481, Jan. T., 1961, from judgments of Court of Common Pleas No. 6 of Philadelphia County, June T., 1959, No. 4215, in case of Ralph S. Clark v. John Morrison et al. Judgments affirmed.

COUNSEL

Arlen Specter, for appellant.

Thomas E. Comber, Jr., with him John J. Runzer, and Pepper, Hamilton & Scheetz, for appellees.

Ralph P. Higgins, for John Morrison, appellee.

Before Bell, C.j., Jones, Cohen, Eagen and Alpern, JJ.

Author: Cohen

[ 406 Pa. Page 131]

OPINION BY MR. JUSTICE COHEN

Plaintiff, Clark, while driving his automobile south through an intersection, was hit by defendant, Morrison, who was traveling in a westward direction. Parked near the corner on the north side of the eastwest street was a large truck under the control of defendant, Booth Bottling Company (Booth), which allegedly blocked each driver's vision of the other car. Neither driver's view of the traffic signals was blocked.

After all the testimony was concluded, plaintiff was nonsuited in his action against Booth and suffered an adverse jury verdict in his suit against Morrison. We are asked to rule on appeals from both judgments.

In the suit against Booth, the lower court granted a non-suit on the theory that assuming, arguendo, Booth

[ 406 Pa. Page 132]

    was negligent per se (for violating an ordinance by parking too close to an intersection), still such negligence was not the proximate cause of the accident.

Viewing the evidence in the light most favorable to plaintiff, as we must, plaintiff had the green light as he entered the intersection. We have said that where, in addition to having the right of way, a motorist's view of the intersecting street is blocked by a physical object, he may proceed with caution on the assumption that a motorist approaching from the blind street ...


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