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ANN M. LEE v. PHYLLIS J. LEONE (02/12/82)

SUPERIOR COURT OF PENNSYLVANIA


decided: February 12, 1982.

ANN M. LEE, APPELLANT,
v.
PHYLLIS J. LEONE

No. 208 Pittsburgh, 1981, Appeal from Judgment of the Court of Common Pleas, Civil Division, of Allegheny County, No. GD75-17909.

COUNSEL

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.

Order affirmed.

19820212

© 1998 VersusLaw Inc.



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