31 A.2d 112 | Pa. | 1943
This is an appeal from the refusal of the court below to take off a compulsory nonsuit in an action of trespass. The wife plaintiff, Mrs. Mary Papkin, was driving her four-door sedan westerly on 65th Avenue, at or near its intersection with Smedley Street, on October 3, 1940. At the same time defendant's small coupé driven by an employee was moving north on Smedley Street. Near the middle of the intersection of these two streets these two cars collided. Mrs. Papkin testified that just prior to the accident she looked to her right and then to her left and "saw nothing coming either one way or the other or coming towards" her. The plaintiff continued on her way, and when she was "about three-quarters away across, " she felt "a terrible thud," and she "heard a crash against the car." The employee who was driving defendant's car was called as a witness by the plaintiff. His testimony was to the effect that he was traveling in the center of Smedley Street just prior to the accident, that the brakes on his car were defective, and that he did not see plaintiff's car until he hit it.
The court below in its opinion refusing to take off the compulsory nonsuit correctly stated the rule of law applicable to cases of this character; quoting from Byrne v. Schultz,
The judgment is affirmed.