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EISERT v. JONES. (07/02/62)

July 2, 1962

EISERT, APPELLANT,
v.
JONES.



Appeal, No. 142, March T., 1962, from judgment of Court of Common Pleas of Erie County, May T., 1958, No. 33, in case of Dorothy M. Eisert, administratrix of estate of Donald B. Eisert, deceased, v. Mary Ann Jones and Russell Jones, her husband. Judgment affirmed.

COUNSEL

Gerald A. McNelis, Sr., with him John G. Gent, and McNelis, McNelis & Arduini, and Curtze & Gent, for appellant.

Irving Murphy, with him Gifford, Graham, MacDonald & Illig, for appellees.

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

Author: O'brien

[ 408 Pa. Page 74]

OPINION BY MR. JUSTICE O'BRIEN

The case at bar arises out of a collision which occurred on November 23, 1959, at the intersection of West Eleventh and Plum Streets in the city of Erie. As a result of this collision, Donald B. Eisert sustained personal injuries from which he died, and plaintiff-appellant, as administratrix, brought suit against defendants-appellees under the wrongful death and

[ 408 Pa. Page 75]

    survival acts. A jury trial resulted in a verdict for the defendants, but on plaintiff's motion a new trial was granted. We affirmed the award of a new trial when defendants appealed that action here. Eisert v. Jones, 399 Pa. 204, 159 A.2d 723 (1960).

The matter was retried and once again a defense verdict was returned. Plaintiff's motion for a new trial was refused and judgment was entered for defendants on the verdict. It is from the entry of the judgment that plaintiff appeals.

Appellant contends that the court below erred in refusing to allow her to prove the circumstances under which Mrs. Jones gave a statement to the police the day of the accident; that the court below erred in permitting Mrs. Jones to testify as to the speed of the vehicle being operated by appellant's decedent; that the court below erred in affirming defendants' point for charge to the effect that the operator of a vehicle on a through street may not rely blindly on a stop sign; and that the verdict is against the weight of the evidence and the uncontradicted physical facts.

The tragic incident which gave rise to this litigation occurred in the midst of a heavy snow squall which coated the roads with slush and lessened visibility considerably. Mrs. Jones was driving north on Plum Street in the direction of Eleventh Steet. Eleventh Street is a through highway at this intersection and Plum Street is controlled by a stop sign. Mrs. Jones stopped at the stop sign and then drifted forward to the south curb line of Eleventh Street in order to discover whether there was any traffic on that artery. There were cars parked to the corner along the south side of Eleventh west of Plum. When Mrs. Jones reached the curb line, she observed the ...


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