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LIEBERMAN v. PHILADELPHIA TRANSPORTATION CO. (03/19/63)

March 19, 1963

LIEBERMAN, APPELLANT,
v.
PHILADELPHIA TRANSPORTATION CO.



Appeal, No. 82, Jan.T., 1963, from judgment of Court of Common Pleas No. 6 of Philadelphia County, Sept. T., 1958, No. 548, in case of Irwin Lieberman v. Philadelphia Transportation Co. Judgment reversed.

COUNSEL

Alan Kahn, with him Winokur & Kahn, for appellant.

Philip Kalodner, for appellee.

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

Author: Jones

[ 410 Pa. Page 180]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

At 1:30 a.m. on April 26, 1958, a collision occurred at the intersection of Greene and Harvey Streets in the Germantown section of Philadelphia between an

[ 410 Pa. Page 181]

    automobile owned and operated by Irwin Lieberman (Lieberman) and a passenger bus owned by the Philadelphia Transportation Co. (PTC), and operated by one Norris Anderson. Greene Street, 30 feet in width, runs generally in a north-south direction, while Harvey Street, 24 feet in width, runs generally in an east-west direction. At the intersection of these two-way streets is a traffic signal which flashes, alternatively, red and green and was operating at the time of the accident.

Lieberman instituted a trespass action in Court of Common Pleas No. 6 of Philadelphia County against the PTC claiming that the collision was caused solely by the latter's negligence and seeking damages sustained by him both to his automobile and to his person.

According to Lieberman, he was traveling in an easterly direction on Harvey Street and, as he approached Greene Street, the traffic light was green for traffic on Harvey Street; at the curb line of Greene Street, he looked to his left and saw nothing approaching in that direction; he then looked to his right and saw the bus bearing down upon him; at that time part of the bus was on the left or wrong side of the imaginary center line of Greene Street; that the bus struck his automobile when the latter was in the intersection and in the center of Greene Street. According to Anderson, the bus driver, he was proceeding in a northerly direction on Greene Street at approximately 20 miles per hour; that the traffic light at the intersection was green for traffic proceeding on Greene Street; when he saw the headlights of the Lieberman automobile he applied the brakes and the left front of the bus and the right front fender of the automobile came in contact.

After a trial before the Honorable EARL CHUDOFF and a jury, the jury returned a verdict in favor of the PTC and against ...


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