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KATES ET AL. v. MULHERN. (11/13/63)

November 13, 1963

KATES ET AL., APPELLANTS,
v.
MULHERN.



Appeal, No. 167, Oct. T., 1963, from judgments of County Court of Philadelphia, April T., 1959, No. 2599, in case of Carol C. Kates et al. v. Joseph T. Mulhern. Judgments reversed.

COUNSEL

Harry R. Kozart, with him Stephen D. Rudman, and George Gurdon Fay, for plaintiffs, appellants.

James J. McEldrew, with him Elston C. cole, for defendant, appellee.

Thomas J. Beagan, Jr., with him John J. McDevitt, 3rd, for additional defendant, appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Montgomery, and Flood, JJ. (watkins, J., absent).

Author: Montgomery

[ 202 Pa. Super. Page 126]

OPINION BY MONTGOMERY, J.

This is an appeal by Carol C. Kates and Edward A. Meyer, plaintiffs below, from the dismissal of their motions for a new trial and the entry of judgments for the original defendant, Joseph T. Mulhern, on verdicts directed by the court in his favor as well as in favor of Meyer as an additional defendant on the claim of Kates.

The action was one of trespass for personal injuries and property damages sustained in a collision of automobiles, one of which was operated by Meyer and the other by Mulhern. Kates was a passenger in the Meyer car. Kates and Meyer are now husband and wife, having married since the accident.

The accident occurred at the intersection of Old York Road and Rubicam Street in Abington, Pennsylvania, at 9:30 P.M., October 25, 1958. The Meyer car was being driven north on Old York Road and the Mulhern car generally south on the same road. However, while in the intersection the Mulhern car was turned to the left or east. The impact was between the front of the Meyer car and the forward right side of the Mulhern car.

In the opinion of the lower court we find its reasons for its action, viz.: "We may for purposes of this opinion concede arguendo that Mulhern was negligent.

[ 202 Pa. Super. Page 127]

... Meyer by his own testimony violated Mulhern's right of way and hence was guilty of negligence that contributed to the accident, ...


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