Levenson v. Lustman

• Decision Date: 26 June 1950
• Citation: 74 A.2d 134,365 Pa. 244
• Parties: LEVENSON et al. v. LUSTMAN.
• Court: Pennsylvania Supreme Court

74 A.2d 134

365 Pa. 244

LEVENSON et al. v. LUSTMAN.

Supreme Court of Pennsylvania

June 26, 1950

Argued April 19, 1950

Appeal, No. 177, Jan. T., 1950, from judgment of Court of Common Pleas No. 1 of Philadelphia County, Sept. T., 1947 No. 4417, in case of Sol Levenson et ux. v. Jack A. Lustman. Judgment affirmed.

Trespass for personal injuries and property damage. Before CRUMLISH J.

Verdicts in favor of plaintiff husband in the sum of $3,500, and in favor of plaintiff wife in the sum of $3,000; defendant's motion for judgment n.o.v. refused, plaintiffs' motion for new trial granted. Defendant appealed.

Judgment affirmed.

Ralph S. Croskey , with him Croskey & Edwards , for appellant.

Peter P. Zion , with him Leonard Green , for appellees.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.

OPINION

MR. JUSTICE BELL

This case involved a right angle collision on a two-way highway. The jury returned a verdict in favor of the plaintiff and the defendant appealed from the refusal of the motion for judgment n.o.v. as to the husband's verdict. The facts as disclosed by plaintiff's testimony are as follows:

The plaintiff's automobile, driven by his chauffeur, was struck and very badly damaged by defendant's car at about 1 o'clock p.m. on October 27, 1947. Plaintiff's car was going south on Raynham Road in Merion, Pennsylvania approaching City Line Avenue. When plaintiff's driver was about 400 feet from the north curb line of City Line Avenue, he was traveling about 25 miles an hour but, because of a red light at the intersection, reduced his speed. When he was 100 feet from the intersection, the traffic light changed to green in his favor and remained green until after the accident. Because of the curve in Raynham Road and the fact that there were bushes at the corner on the left-hand side of Raynham Road, plaintiff's driver slowed down to about 5 miles an hour. The first time he could see traffic traveling from his left, west on City Line Avenue, was when he was approximately 2 feet south of the curb line of City Line Avenue. At that point he looked to his left and saw defendant's car about 200 feet from the intersection of City Line Avenue and Raynham Road. The only car then in sight was defendant's car which, according to the only evidence on this point, was approaching at 40 to 50 miles an hour. Plaintiff started across the intersection, driving at the rate of about 15 miles an hour. Before the front part of his car reached the center of City Line Avenue, he looked to his right for traffic coming from that direction. There was none. Plaintiff then looked to his left for traffic coming from that direction. He saw defendant coming toward the intersection, straddling the center line of City Line Avenue and going about 40 to 50 miles an hour. The light was still green in favor of the plaintiff and red against the defendant. Plaintiff, sensing that defendant's car, coming at such speed, was not going to stop for the red light, attempted to increase his speed and swerved to the right. When the front of plaintiff's car was about three-quarters of the way across City Line Avenue and all but approximately 3 feet of his car had passed beyond the middle line of City Line Avenue, the defendant's car went through the red light and struck plaintiff's car on its left rear wheel. The defendant's...