Opinion
April 13, 1965.
May 10, 1965.
Negligence — Automobiles — Intersections — Pedestrian — Contributory negligence — Evidence.
In an action of trespass for wrongful death, in which it appeared that plaintiff's decedent, aged seventy eight, was struck by defendant's automobile at a street intersection; that the jury rendered a verdict for plaintiff; and that the court below, finding that because of the unlimited vision afforded defendant he could have seen deceased some distance back from the intersection when the deceased first stepped down from the curb and that this presented an issue of fact as to whether or not defendant used due care in the operation of his vehicle, that defendant's contention, that the case should have been taken from the jury because there was no evidence in plaintiff's case that the deceased looked before entering the crosswalk at the intersection, was without merit, and that, in the circumstances, the case was properly submitted to the jury on the question of contributory negligence, refused judgment for defendant n.o.v., it was Held that the judgment of the court below should be affirmed.
Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS and HOFFMAN, JJ. (FLOOD, J., absent).
Appeal, No. 30, April T., 1965, from judgment of Court of Common Pleas of Allegheny County, July T., 1959, No. 1576, in case of Charles J. Forsythe, executor of estate of Charles Forsythe, deceased, v. Ray Wohlfarth. Judgment affirmed.
Same case in court below: 35 Pa. D. C. 2d 785.
Trespass for wrongful death. Before FIOK, J.
Verdict for plaintiff in sum of $10,000; judgment for defendant n.o.v. refused, and judgment entered on the verdict. Defendant appealed.
Preston J. McDonnell, for appellant.
Leonard J. Paletta, with him McArdle, Harrington, Feeney McLaughlin, for appellee.
Argued April 13, 1965.
The judgment of the Court of Common Pleas of Allegheny County is affirmed on the opinion of Judge ALBERT A. FIOK for the court below, reported at 35 Pa. D. C. 2d 785.