45 A.2d 3 | Pa. | 1945
Argued November 27, 1945. John H. Reidinger, appellee, brings this action in trespass against Lewis Jones, Inc., appellant in Appeal No. 138, and Joseph Martini, appellant in Appeal No. 139, to recover damages for personal injuries caused by the alleged negligence of Martini in suddenly turning his truck directly into the path of appellee's oncoming car. A jury returned a verdict in the sum of $5,000 for appellee against both appellants. These appeals are *299 from the refusal of the court below to grant a new trial and to enter judgment non obstante veredicto.
On December 30, 1943, John H. Reidinger, appellee, was driving his automobile south on Haverford Avenue, approaching the "T" intersection of Woodbine Avenue. Joseph Martini, an employee of Lewis Jones, Inc., was driving the latter's truck north on Haverford Avenue. Appellee saw appellant's truck approximately 500 feet away. As the vehicles reached the intersection, and at a point when they were 15 feet apart, Martini, intending to enter Woodbine Avenue, suddenly and without any warning made a sharp left turn directly in front of appellee's oncoming car. Reidinger, who was driving at a speed of 20 to 25 miles per hour, was unable to avoid colliding with appellant's truck. The right front of his car collided with the right front of appellant's truck. The weather was clear, the streets were dry, and there was no other traffic on the road.
Haverford Avenue is a four-lane highway 44 feet in width. Woodbine Avenue, a dirt road intersecting Haverford Avenue, is 36 feet in width, and ends on the westerly side of Haverford Avenue.
The sole issue is whether appellee was guilty of contributory negligence as a matter of law. Appellants contend that Reidinger's testimony, that he was driving at a speed of 20 to 25 miles per hour and could not stop his car until within 24 feet of the other side of Woodbine Avenue, convicts him of contributory negligence as a matter of law. This contention cannot be sustained.
"It is the duty of the driver of a . . . motor vehicle at all times to have his car under control, and having one's car under control means having it under such control that it can be stopped before doing injury to any person in any situation that is reasonably likely to arise under the circumstances":Galliano v. East Penn Electric Co.,
The cases relied upon by appellant are inapposite. Papkin v.Helfand Katz,
The judgment appealed from is affirmed.