160 A. 125 | Pa. | 1932
Argued January 5, 1932. This action in trespass grew out of a right-angle collision between a Hupmobile touring car owned and operated by defendants, Stone and Roberman, doing business as Grand Upholstered Furniture Company, and a motorbus owned and operated by O. G. Schultz, Incorporated, the other defendant. After suit was entered, and by agreement of counsel, the statement of claim was amended and Public Service Interstate Transportation Company was substituted as a defendant in place of O. G. Schultz, Incorporated. Verdicts were returned for plaintiffs, Frances E. Byrne, a minor, and Thomas J. and Nora Byrne, her parents, and after motions for judgment non obstante veredicto and new trial were discharged and judgments entered on the verdicts, the defendants, Stone and Roberman, individually, trading as Grand Upholstered Furniture Company, took these appeals. Defendants' request for judgment non obstante veredicto has been withdrawn, which leaves only the motion for new trial for our consideration.
The accident happened on July 6, 1929, at the intersection of Eighth and Race Streets, Philadelphia. The *430 minor plaintiff, Frances E. Byrne, was a passenger in the car of defendants, Stone and Roberman, which was proceeding south on Eighth Street, and crossing Race Street, when it was run into and upset by a motorbus of the transportation company, which was running east on Race Street.
The driver of defendants' car testified that when he came to the intersection the traffic officer standing there had traffic open on Eighth Street, and closed on Race Street; that, following a car immediately in front of him, he attempted to cross Race Street, without looking to the right or left for approaching traffic, relying solely upon the signal of the officer to cross; that he did not notice the bus until he was beyond the middle of the intersection, when it was "on top of" him, "not over five or eight feet away," and it was too late to avoid a collision. He stated he did not look because he could see the officer and relied on him.
The learned trial judge said in his charge to the jury, "I charge you as a matter of law that if you believe that the Hupmobile driver came to the crossing of Race Street and went ahead without looking to the right or left and relied solely on the invitation of the police officer to go ahead, he was guilty of negligence." This, and similar statements in the charge, reiterated in the opinion of the court in banc, after a new trial was refused and judgments entered on the verdicts, were assigned as error, and defendants appealed.
Defendants contend that their driver, having the signal of the traffic officer in his favor, was under no duty to make personal observation of the traffic conditions on the intersecting street, and that therefore it was not negligence for him to proceed without regard to other vehicles then approaching, inasmuch as he was under no duty to anticipate that the drivers of approaching vehicles would disregard the signal to stop. With this view we are unable to agree. It is apparent from the driver's own testimony that if he had looked he would *431 have seen the bus almost at the crossing and traveling at a speed which indicated that the driver intended to make the crossing, and he would have stopped his car, if it were under control, and this accident would have been avoided. There is no question raised regarding the negligence of the driver of the motorbus. That was gross, the jury found he ran by the "stop" signal, and no appeal has been taken from the verdict and judgment against his employer. If the driver of defendants' car had the legal right to rely entirely on the signal of the officer to cross, and under the circumstances could drive blindly over the street, without regard to any traffic at the intersection except that immediately in front of him, a new trial must be granted.
No Pennsylvania decision deals with the same set of facts which are presented in this case, but our cases have clearly established the fundamental proposition that due care is required at street intersections under all circumstances, whether or not a traffic officer or signal is present. We have repeatedly said that care at street crossings is the highest duty of drivers: Eckert v. Merchants Shipbuilding Corp.,
The law only makes obligatory the rule of common sense regarding the duty of a driver at the intersection of streets, where traffic is very dangerous because conflicting. He must be vigilant, must exercise a high degree of care, must have his car under complete control, and must look, and see what is visible, before attempting to cross the intersecting street. This duty has not been relaxed by the introduction of traffic officers and signals, both of which are intended to facilitate traffic and render crossings less dangerous. The driver has the help of the officer or mechanical device, but cannot dispense with due care on his part by relying on them solely. He is still bound to the same degree of care as before the introduction of these modern aids to travel. He must recognize them, and obey them, but he cannot use them under any circumstances to eliminate the exercise of due care on his part. The signal to cross is not a "command to go, but a qualified permission," and the qualification is "to proceed lawfully and carefully," as a prudent man would under the circumstances, which certainly requires looking to the right and left before entering upon the intersecting street. To hold otherwise, and as contended by defendants, would be to relieve drivers from vigilance and careful driving at street intersections, and license them to drive blindly where traffic is most dangerous. It would greatly increase the peril of street crossings for both pedestrians and motorists. It is for this reason that we would emphasize the fact that so far as the degree of care required of motorists or other drivers at street intersections is concerned, there has been no change in the law of negligence by the introduction of traffic officers and signals. The law is the greatest preventative of accidents, as is shown by the fact that when observed few accidents happen, and the protection it gives should not be lessened or destroyed by variations and refinements which add perils to travel by taking away necessary security. *434
The defendants rely on two cases, Newman v. Protective Motor Service Co., supra, and Wack v. P. R. T. Co.,
No other question is presented, and it follows from what we have said that the assignments of error must be overruled and the judgments of the court below affirmed. Judgments affirmed. *435