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KIMBOB v. JUMPER. (09/12/63)

September 12, 1963

KIMBOB, INC., APPELLANT,
v.
JUMPER.



Appeal, No. 133, Oct. T., 1963, from judgment of Court of Common Pleas of Cumberland County, May T., 1962, No. 269, in case of Kimbob, Inc. v. Paul F. Jumper. Judgment reversed.

COUNSEL

Samuel Handler, with him Earl V. Compton, Leslie B. Handler, and Compton, Handler, Berman & Boswell, for appellant.

Jon F. LaFaver, with him Clinton R. Weidner, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Watkins

[ 201 Pa. Super. Page 561]

OPINION BY WATKINS, J.

This is an appeal from a judgment entered on a verdict by the Court of Common Pleas of Cumberland County in favor of Paul F. Jumper, the defendant-appellee, and against Kimbob, Inc., plaintiff-appellant; and from the refusal of the plaintiff's motion for a new trial. The action arose out of a right angle collision at the intersection of two state highways, legislative routes Nos. 21066 and 21067, respectively, in Middlesex Township, Cumberland County, on December 23, 1961. The road was dry and visibility good. Route No. 21066 is an east-west highway and will be hereinafter referred to as highway A; and Route No. 21067 is a north-south highway, hereinafter referred to as highway B. Each is a macadam highway, twenty feet in width.

At the time of the collision there was a "stop" sign on highway A requiring traffic to stop before entering highway B. The sign had been erected by the Cumberland County sign foreman of the state highway department upon orders of the traffic control supervisor of the highway department. At the time of the trial the plaintiff was unable to comply with the ruling of the court below to prove authorization by the Secretary of Highways, but after the trial and at the time of the argument for a new trial, it had such proof.

At the time of the accident plaintiff's agent was driving a ten wheel, 6 cubic yard dump truck loaded with earth southwardly on route B, approaching the intersection of the highways at five to ten miles per hour. As the driver approached the intersection he had an unobstructed view of route A from the intersection to a point about 300 feet west. At this time he reached a point about 20 feet or less from the intersection

[ 201 Pa. Super. Page 562]

    of the pavement of the two roads; and at that time and place he saw no other vehicle within that distance. He continued to so look for a few more feet. His attention was required to the road in front because of a "bump" in the highway and the location of a utility pole. The highways in question were located in a rural area.

When the front end of the truck was 12 feet into the paved intersection the truck was struck by a 1947 Chevrolet automobile which was being driven by the defendant in an eastwardly direction on route A. The defendant's father-in-law and two children were passengers in the car. The defendant had driven past a "stop ahead" sign and the "stop" sign above described, without seeing either of them and so drove into the intersection and into collision with the truck without stopping.

The impact of the defendant's Chevrolet car when it struck the truck was so great that it pushed the rear wheels of this heavily loaded ten wheel, six cubic yard dump truck ...


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