decided: February 12, 1982.
ANN M. LEE, APPELLANT,
PHYLLIS J. LEONE
No. 208 Pittsburgh, 1981, Appeal from Judgment of the Court of Common Pleas, Civil Division, of Allegheny County, No. GD75-17909.
Charles S. Morrow, Pittsburgh, for appellant.
David L. Beck, Pittsburgh, for appellee.
Wieand, Johnson and Montemuro, JJ.
Author: Per Curiam
[ 295 Pa. Super. Page 266]
This is an appeal from an order refusing to remove a compulsory non-suit. Appellant's evidence -- or, more correctly,
[ 295 Pa. Super. Page 267]
the lack of evidence -- was reviewed in an able opinion by the trial court. Our own review of the record causes us to agree that where, as here, the driver of a vehicle enters an intersection against a stop sign and collides with a vehicle which was unseen prior to impact, some additional evidence is required before a jury will be permitted to infer negligence on the part of the other driver. Because that additional evidence was lacking in the instant case, a non-suit was properly entered.
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