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WEGMANN v. HARMATH (01/07/64)

THE SUPREME COURT OF PENNSYLVANIA


January 7, 1964

WEGMANN
v.
HARMATH, APPELLANT.

Appeal, No. 294, Jan. T., 1963, from judgment of Court of Common Pleas No. 6 of Philadelphia County, Dec. T., 1958, No. 59, in case of Lillian Wegmann v. Charles Harmath, executor of estate of Howard Wegmann, deceased. Judgment affirmed.

COUNSEL

Richard J. van Roden, with him Pepper, Hamilton & Scheetz, for appellant.

Harvey B. Levin, with him Bernstein, Bernstein, Levy & Harrison, for appellee.

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

[ 413 Pa. Page 89]

OPINION PER CURIAM

The only question involved in this appeal is whether, at the trial, evidence was presented to support the verdict that Howard Wegmann, deceased, was negligent in the manner in which he drove the car which crashed into a concrete abutment, the collision resulting in his death. The abutment was located at the west boundary of an underpass, the approach to which was a wide sweeping curve. The evidence, including a photograph, justifies the conclusion that the decedent

[ 413 Pa. Page 90]

    was negligent in the manner in which he made the turn and was traveling at a speed in excess of that which the physical situation, consistent with safety to human life, warranted.

Disposition

Judgment affirmed.

19640107

© 1998 VersusLaw Inc.



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