Appeal, No. 408, Jan. T., 1962, from judgment of Court of Common Pleas No. 6 of Philadelphia County, June T., 1958, No. 1572, in case of Lonnie E. Pugh v. Christian Malan Ludwig. Judgment reversed.
J. Webster Jones, for appellant.
Dennis E. Haggerty, with him Novasitis and Haggerty, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.
OPINION BY MR. JUSTICE COHEN
This action arises out of a collision between two automobiles at the intersection of Third and Cumberland Streets, Philadelphia.*fn1 The jury returned a verdict
in favor of appellee and this appeal from the lower court's denial of appellant's motion for judgment n.o.v. raises the single question of whether appellee was contributorily negligent as a matter of law.
Viewing the evidence in the light most favorable to appellee, the verdict-winner, we find that about 5:30 p.m. on March 5, 1958, a clear, dry day, appellee was driving north in the center of Third Street towards the intersection of Third and Cumberland Streets. At this point, each of the streets is one-way, 26 feet wide, and has 12 foot sidewalks. The intersection was not controlled by traffic signals at the time of the accident.
As appellee approached the intersection, he took his foot off the gas pedal thereby reducing his speed to 15 miles per hour. He looked to his right and saw appellant's car approximately 50 feet away and proceeding west in the center of Cumberland Street at the rate of 15 miles per hour. Deciding that he could safely cross the intersection, appellee, without increasing his rate of speed, went five to eight feet into the intersection when he concluded that he could not clear appellant's car. Hoping that appellant would see his car in time and drive around it, appellee applied his brakes. However, appellant, whose negligence is conceded, did not see appellee's car until he was five feet away from it and consequently struck the front of appellee's car at a point ten feet north of the south curb and 19 feet west of the east curb.
Although The Vehicle Code provides that the driver on the right (appellant) has the right-of-way at an uncontrolled intersection,*fn2 it is well-established that where the driver from the left (appellee) reaches the intersection first, he may proceed into the intersection if he is far enough in ...