1962 from causes unrelated to this accident. There is, therefore, a presumption of due care on his part. Morin v. Kreidt, 310 Pa. 90, 164 A. 799 (1933); see also, Lear v. Shirk's Motor Express Corporation, 397 Pa. 144, 152 A.2d 883 (1959).
Martin had no duty to anticipate the negligence of Stalcup, particularly involving, as it did here, a clear violation of the Pennsylvania Motor Vehicle Code, supra. Idlette v. Tracey, 407 Pa. 278, 180 A.2d 37 (1962); see also, Lieb v. Wawa Dairy Farms, 129 Pa.Super. 70, 194 A. 758 (1937).
In the light of the convincing testimony of Mrs. Brakefield, this would seem to be a clear case for the application of the sudden emergency doctrine.
In Todd et al. v. Nesta, 305 Pa. 280, 287, 157 A. 678, 680 (1931), the Court (quoting from Amey v. Erb, 296 Pa. 561, 146 A. 141) said: "'Where one finds himself in a position of danger, which is not the result of his negligence, he is not responsible if he make a mistake of judgment in getting out. An honest exercise of judgment is all that is required of him, even if he could have done better if he had had time to deliberate.'"
CONCLUSIONS OF LAW
1. Carl C. Stalcup, third-party defendant, was negligent in suddenly and without warning turning across U.S. Route 11 at a time when it was unsafe to do so and that such negligence was the proximate cause of the ensuing collision and the injuries sustained by himself and Theckla B. Webb, plaintiff, in that collision.
2. The decedent, Jason A. Martin, was not guilty of negligence which was a proximate cause of the collision and the injuries that resulted therefrom.
3. The sole proximate cause in fact and law of the subject accident was the negligent conduct of Carl C. Stalcup in turning when an accident was inevitable.
4. Judgment will be entered for defendant, Lloyd K. Martin, Administrator of the Estate of Jason A. Martin, Deceased.
5. Judgment will be entered in favor of defendant, Lloyd K. Martin, Administrator of the Estate of Jason A. Martin, Deceased, on counterclaim of Carl C. Stalcup v. Lloyd K. Martin, Administrator of the Estate of Jason A. Martin, Deceased.
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