Merkel v. Janiszewski
Merkel v. Janiszewski
Opinion of the Court
Opinion by
In this action for damages resulting from an intersection collision of two motor vehicles the jury found
In the early afternoon of February 12, 1953, a clear dry day, plaintiff was driving a Chevrolet truck west-war dly on Robeson Street in the City of Reading. As he approached the intersection at Tenth Street, a through highway, he stopped his truck with the front wheels at the curb, as he was bound to do because of a stop sign on Robeson Street just east of the intersection. From that point he had an unobstructed view both to the north and to the south on Tenth Street and he looked first to his left and then to his right. There was no northbound traffic but he observed the defendant’s car traveling southwardly in Tenth Street toward Robeson Street, and when he first saw it it was about 250 feet north of the intersection. With notice of the approaching car driven by the defendant he nevertheless proceeded into the intersection and he testified that he did not look to his right again until after he heard the screech of defendant’s brakes. He then had passed the middle line of Tenth Street directly in front of defendant’s car in the intersection, and a collision was inevitable. There can be no doubt as to the failure of plaintiff under his own unequivocal testimony to look to his right for southbound traffic on Tenth Street before reaching the middle of the intersection.
Clearly this plaintiff is chargeable with contributory negligence as a matter of law; the record does not admit any other conclusion.
Judgment reversed and here entered for the defendant n.o.v.
He testified, on cross-examination: “Q. Now, I believe yon testified on direct examination, in answer to Mr. Woerle’s question, that after you saw Mr. Janiszewski’s car coming to your right down the street, you started out and you didn’t see him again until after you were hit. Is that correct? A. That is right. Q. And that was because you hadn’t looked again? Is that right? A. Not after I
Concurring Opinion
Concurring Opinion by
I concur in the result. I think the plaintiff was guilty of contributory negligence not because he failed to take a “second look” before crossing the middle line of the relatively narrow street, but because after seeing the defendant’s vehicle approaching on a through highway, he entered the intersection from a stop street when he did not have time to clear the intersection ahead of the vehicle which he saw approaching on the through street.
Reference
- Full Case Name
- Merkel v. Janiszewski, Appellant
- Cited By
- 5 cases
- Status
- Published