Wiebe v. Powers
| Decision Date | 06 October 1925 |
| Docket Number | 193-1924 |
| Citation | 86 Pa.Super. 389 |
| Parties | Wiebe v. Powers, Appellant |
| Court | Pennsylvania Superior Court |
Argued November 12, 1924
Appeal by defendant, from judgment of C.P. No. 1, Philadelphia County-1923. No. 5087, in the case of William Wiebe v William T. Powers.
Trespass to recover damages for injuries to automobile. Before McDevitt, J.
The facts are stated in the opinion of the Superior Court.
Verdict for plaintiff in the sum of $ 1650.00 and judgment thereon.
Defendant appealed.
Error assigned, among others, was refusal of defendant's motion for judgment non obstante veredicto.
John V Horan, of Smithers, Lank & Horan, for appellant.
Raymond A. White, Jr., and with him Maurice A. Sloan, for appellee.
Before Orlady, P. J., Porter, Henderson, Trexler, Keller, Linn and Gawthrop, JJ.
This action arose out of a collision between two automobiles at the intersection of Rhawn Street and Bustleton Pike in the middle of the afternoon of July 12, 1923. The plaintiff was driving a Ford sedan westwardly on Rhawn Street and a son of the defendant was driving a Nash car northwardly on Bustleton Pike. The plaintiff's view to the left as he approached the Pike was obstructed by a bank and some bushes as was the view of the driver of the defendant's car to the right. It was claimed by the plaintiff that he was first at the intersection and the same claim was made by the driver of the defendant's car. There was evidence supporting the claim of each of the parties. The trial judge submitted to the jury the question whether evidence of the plaintiff and his witnesses or that of the defendant and his witnesses was the more credible in view of the position and condition of the cars after the accident, with the further instruction that if the plaintiff was first at the crossing he had the right of way, but if on the contrary the driver of the defendant's car was first there, it was the duty of the plaintiff to so control his car that a collision would not occur. The verdict of the jury settles the question as to the relative position of the cars and this verdict is supported by evidence. The Act of June 30, 1919, P. L. 678, and the amendment of June 14, 1923, P. L. 718, provide that when two vehicles approach the intersection of two public highways at the same time, the vehicle approaching from the right shall have the right of way. The statute thus regulates the traffic at crossings and by the method stated attempts to prevent such accidents as we are now considering. It was not in...
To continue reading
Request your trial