Opinion
October 2, 1930.
December 12, 1930.
Negligence — Collision — Street intersection — Right of way — Case for jury.
In an action of trespass by the owner of an automobile to recover for damages to it resulting from a collision with defendant's truck at a street intersection, the driver of the plaintiff's car testified that he had the temporary use of the automobile for purposes of his own and that he was proceeding southward at a rate of speed of approximately fifteen miles per hour as he approached the intersection. When he reached the house line of the intersecting street he saw the defendant's truck approaching from his right about seventy-five feet away but he continued to cross the street. He also said that he was about half way across the intersection when he saw the truck five or ten feet away, approaching at a speed of approximately twenty miles per hour, and that his car was struck before he could avoid the collision.
In such case the question of the negligence of the driver of the defendant's truck was for the jury and a judgment for the plaintiff will be sustained.
The driver of the plaintiff's car had its temporary use for purposes of his own and his contributory negligence, if there was any, could not be imputed to the owner.
Appeal No. 234, October T., 1930, by defendants from judgment of M.C., Philadelphia County, November T., 1928, No. 1144, in the case of Elizabeth Plauschinat v. Nathan Snellenburg, Joseph N. Snellenburg, Abraham S. Snellenburg, Morton E. Snellenburg, Harry Snellenburg, Stanley S. Snellenburg, Bernard Bloch and Arthur Bloch, co-partners trading as N. Snellenburg Company.
Before TREXLER, P.J., KELLER, LINN, GAWTHROP, CUNNINGAM, BALDRIGE and WHITMORE, JJ. Affirmed.
Trespass to recover for damages to an automobile. Before KNOWLES, J.
The facts are stated in the opinion of the Superior Court.
Verdict for plaintiff in the sum of $424.35 and judgment entered thereon. Defendants appealed. Error assigned, was the refusal of defendant's motion for judgment non obstante veredicto.
Thomas Clary, and with him Richard A. Smith and Louis Wagner, for appellant.
Herbert Mayers, for appellee.
Argued October 2, 1930.
This case arose out of a collision between plaintiff's automobile, a runabout, and the defendant's truck at the intersection of 10th and Morris Streets, in the city of Philadelphia. The testimony of the driver of plaintiff's car was that he was coming down Tenth Street, traveling south on the east side of the road at the rate of about fifteen miles per hour. When he reached the house-line of Morris Street, he saw the defendant's truck seventy-five feet away coming east. He continued to cross Morris Street and when he was about half way across the south street car track on said street, he saw defendant's truck about five or ten feet away. At that time the truck was going about twenty miles an hour and was veering slightly to the right, he on his part applied his brakes and turned to the left, going about ten miles an hour, and the left front of the truck struck the right rear of the car he was driving and dragged it around and as it glanced along, "turned in again and threw the front end around," and it landed on the pavement on the southeast corner.
The plaintiff, the owner of the car, had allowed the person who drove the car at the time of the accident, the temporary use of it for purposes of his own and the contributory negligence, of the driver, if any there was, could not be imputed to her: Fry v. Derito, 97 Pa. Super. 131.
We think the matter was properly left to the jury. Taking the testimony of plaintiff's witness, the driver of the car, it is apparent that plaintiff's car was first at the intersection. The driver may have been careless in still proceeding to cross after he saw defendant's truck seventy-five feet away and in not continuing to look as he crossed the street, but the jury concluded that defendant's driver should have slackened his speed so that the collision would have been avoided.
The judgment is affirmed.