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IDLETTE v. TRACEY. (04/17/62)

April 17, 1962

IDLETTE, APPELLANT,
v.
TRACEY.



Appeals, Nos. 41 and 42, Jan. T., 1962, from judgments of Court of Common Pleas of Delaware County, June T., 1960, No. 2442, in case of Henry Idlette v. Francis X. Tracey and Southern Pennsylvania Bus Company. Judgments affirmed.

COUNSEL

William C. Archbold, Jr., and Kearns, Archbold and Maffei, for appellant.

Ernest L. Green, Jr., Robert W. Beatty, and Butler, Beatty, Greer and Johnson, for appellees.

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

Author: O'brien

[ 407 Pa. Page 279]

OPINION BY MR. JUSTICE O'BRIEN

These appeals are from the judgments entered after the refusal of the court below to take off judgments

[ 407 Pa. Page 280]

    of compulsory non-suit entered at trial in favor of appellees. The cause of action arose as a result of a right angle intersection collision in the City of Chester on the evening of January 24, 1959, shortly after eight o'clock.

The plaintiff, Henry Idlette, the appellant here, was driving his automobile south on Lincoln Street approaching 7th Street, a through thorofare, with a stop sign for traffic on Lincoln Street. Each street was approximately 36 feet wide between curbs. The stop sign on Lincoln was about 15 feet from the north curb line of 7th Street. The appellant applied his foot brake when about 15 feet from the stop sign and discovered for the first time that his brakes had failed and would not stop his car. He sounded his horn as he entered the intersection and remembers nothing after the instant immediately preceding a collision with a bus of the appellee defendant, Southern Pennsylvania Bus Company, being operated by the other defendant appellee, Francis X. Tracey. The plaintiff saw the bus as it was about to come into the intersection but could not stop. The collision occurred in about the northwest quadrant of the intersection.

The defendant Tracey saw the plaintiff's car when the bus was entering the intersection and knew of the stop sign for Lincoln Street traffic. When Tracey realized the plaintiff was not stopping he stepped on the foot brake and swerved the bus to the left. When the vehicles collided, Tracey was thrown in the air, his foot came off the brake pedal and both vehicles, out of control from the impact of collision, were carried by momentum into 7th Street west of the intersection, the bus into a tree on the south side of the street and the car into the front of a stopped car in the eastbound lane of 7th Street.

The trial judge granted a compulsory non-suit stating: "There is no negligence ...


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