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FOWLER v. SMITH (09/18/70)

decided: September 18, 1970.

FOWLER, APPELLANT
v.
SMITH



Appeal from judgment and order of Court of Common Pleas, Civil Division, of Allegheny County, Jan. T., 1967, No. 2862, in case of Timothy L. Fowler v. Frank E. Smith.

COUNSEL

John H. Pope, with him Reed J. Davis, for appellant.

Frederick N. Egler, with him Richard C. Schomaker, and Egler, McGregor & Reinstadtler, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Cercone, J. Dissenting Opinion by Jacobs, J.

Author: Cercone

[ 217 Pa. Super. Page 245]

This is an appeal from the lower court's grant to defendant of a judgment n.o.v. after a jury's verdict in favor of the plaintiff in the amount of $7,500.00. The lower court found plaintiff to be contributorily negligent as a matter of law and thus not entitled to the jury's verdict. Plaintiff has appealed to this court.

Our study of the case compels us to affirm the jury's verdict in favor of plaintiff and to hold as error

[ 217 Pa. Super. Page 246]

    the grant of the judgment n.o.v. Viewing, as we must, the evidence in the light most favorable to plaintiff and giving him the benefit of all favorable inferences, and resolving all conflicts in the testimony in his favor, we find that the record and the law supports the jury's determination.

The record reveals that plaintiff was proceeding west on Jamison Street, in the County of Allegheny, Borough of Monroeville, Pennsylvania, approaching that street's "T" intersection with Monroeville Road which runs north and south. Jamison Street and Monroeville Road are two-lane highways. Plaintiff was approaching Monroeville Road for the purpose of making a right turn thereon, and as he so approached the intersection, the traffic light, which is suspended in the center of the intersection, showed red for his direction of travel. He stopped ten (10) feet from the curb lane, from which point his view to the left was 150 feet, and looked both to his left and right. When the light turned green, plaintiff again looked to his left and then to his right, noting that a car to his right, which he had been observing, had come to a stop at the light. Plaintiff then began his right turn onto Monroeville Road, and when he was ten (10) feet onto Monroeville Road, with the rear of his car still on Jamison, the left front of his car was struck by the automobile driven by defendant, who had come from the left on Monroeville Road, the impact knocking the right side of plaintiff's car into a corner telephone pole. Defendant's car proceeded 300 feet down the road after the impact.

One of the plaintiff's witnesses testified that defendant had been driving slowly (but gave no estimate of the speed), talking and gesturing to his wife, and that the light was red before defendant entered the intersection, and that defendant went through the red light, struck the plaintiff's car and continued 200 or 300 feet down the road.

[ 217 Pa. Super. Page 247]

Another of plaintiff's witnesses testified that the light was red for a second or more as the defendant's car approached from the opposite direction, and that the defendant's car never ...


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