Hitz v. Stouffer
Hitz v. Stouffer
Opinion of the Court
Opinion by
We have for consideration two separate trespass cases which were consolidated for trial. In the first case Marlin H. Hitz and Dolores X. Hitz instituted an action against Jean M. Stouffer for the recovery of property damages to the Hitz car. In the second case, Clair J. Stouffer and Jean M. Stouffer instituted an action against Paul E. Hershey, individually and trading as Hershey Brothers Garage, and James W. Pearson, for the recovery of property damages to the Stouffer car.
On the afternoon of June 27, 1961, a clear, dry day, Jean Stouffer was operating an automobile, owned by her husband and herself, in an eastwardly direction on East Birch Street, at or about its intersection with South Green Street, in Palmyra, Lebanon County, Pennsylvania. At the same time the automobile owned by Marlin H. Hitz and Dolores X. Hitz was being operated by a bailee, James W. Pearson, an employe of Paul E. Hershey, in a northwardly direction on South Green Street at or about the aforesaid intersection. The intersection was not controlled by any traffic signs or signals and the visibility for the operators of both vehicles was good. Both streets are forty feet wide: The Hitz vehicle was approaching the intersection from Mrs. Stouffer’s right.
Mrs. Stouffer testified as follows on direct examination: “Q. I interrupted you. Then what happened? What did you do and what did you observe and what happened? A. As I proceeded toward the intersection I looked to see if there was any traffic on South Green Street and when I looked I saw that there was a car approaching from the south going north on Green Street. I would say at the time that I saw the car he was about half the distance between Birch and Elm Street. Q. Can you estimate what the distance was? How far away was he from the intersection, if you can
After the trial the jury found in favor of Jean M. Stouffer in the first case and in favor of Glair J.
It is the duty of the driver of a vehicle approaching a two-way street to look first to his left and then to his right. That is because he first enters the lane in which traffic coming from his left is traveling. If he sees nothing approaching that would be likely to prove a source of danger to him, he may proceed, but as he nears the middle of the street, it is his duty to look to his right again before entering into the traffic lane coming from that direction. If another car is approaching in the right lane, the driver should stop unless, in the exercise of care and prudence, he is reasonably justified in believing he can cross ahead of it without danger of a collision: Grande v. Wooleyhan Transportation Co., 353 Pa. 535, 538, 539, 46 A. 2d 241; Merkel v. Janiszewski, 180 Pa. Superior Ct. 71, 73, 117 A. 2d 795; and Freedman v. Ziccardi, 151 Pa. Superior Ct. 159, 162, 30 A. 2d 172.
Under the evidence taken most favorably to Mrs. Stouffer, there can be no doubt that after looking to the right at a point twenty to twenty-five feet from the intersection and seeing a car approaching from that direction, she failed to look to her right again at the approaching vehicle until the point of collision. She admitted this fact both on direct and cross-examination. She also admitted that she did not know how fast the other car was going. Had she looked as required she undoubtedly would have seen how close the other car was to her and she could have stopped before entering the northbound lane, thus avoiding the collision. Under these circumstances, she was contributorily negligent as a matter of law and we cannot place our stamp of approval upon such conduct.
Since Jean M. Stouffer, who was negligent as a matter of law, was the sole defendant in the first case, and since any negligence of the bailee (Pearson) in the second case could not be imputed to the bailor (Hitz) and since the damages to the Hitz car had been stipulated, it is hereby directed that judgment be entered by the court below in favor of Marlin H. Hitz and Dolores 1C Hitz, plaintiffs, appellants, and against Jean M. Stouffer in the amount of $526.10. See D. M. Bare Paper Co. v. Steward, 205 Pa. Superior Ct. 286, 208 A. 2d 890.
Dissenting Opinion
Dissenting Opinion by
I respectfully dissent. The appellants contend that they are entitled to judgment n.o.v. or failing in that, a new trial, because Jean M. Stouffer was guilty of contributory negligence as a matter of law and because of an error in the charge of the court below.
It appears that Mrs. Stouffer entered the intersection after seeing Pearson approaching over 250 feet away and did not look again until just before the collision. Regarding this the court charged as follows: “Bear in mind what I said to you, members of the jury, about the duty to observe. Normally, when you cross an intersection, you should look and continue to look as you cross the intersection. When you reach the middle, then you are going to proceed across the line of traffic which would be coming from your right, and it would be your duty to look to the right. However, members of the jury, bear in mind also what I said; you have a duty to look and see what else is going on. However* if what Mrs. Stouffer said is true, that the
The legal difficulties in making decisions in this type of case are eminently pointed out in the majority and dissenting opinions in Hartnett v. Wharton Hardware & Paint Co., 187 Pa. Superior Ct. 308, 144 A. 2d 581 (1958). The fulcrum of the problem is whether or not, when Mrs. Stouffer took one look at the edge of the intersection and then proceeded across without again looking until she saw the other car upon her, knowing there was another automobile approaching the intersection at the distance here involved of over 250 feet and accepting the speeds as testified, her safe passage through the intersection was questionable. ‘‘There is no rigid rule as to how far away the approaching vehicle must be to allow another vehicle approaching the same crossing from the side to continue to advance without its driver being guilty of negligence. Each case must be determined by the circumstances . . Primio v. Haertter, 115 Pa. Superior Ct. 564, 176 A. 58 (1935). Contributory negligence should only be declared as a matter of law when it is so clearly revealed that fair and reasonable persons could not disagree as to its existence. Pro v. Pennsylvania RR. Co., 390 Pa. 437, 135 A. 2d 920 (1957).
In the instant case, unlike the Brodsky case, neither road was controlled and although it is true that there was no evidence from the plaintiff as to the estimate of the speed of the car, which she saw for the first time more than 250 feet away, there could be an inference concerning speed by the jury from the distance traveled, the screech of the brakes and the skid marks on the highway for a distance of 48 feet to the point of impact.
While it is true that uncontrolled intersections are fraught with danger and the courts have held plaintiffs guilty of contributory negligence as a matter of law under the peculiar circumstances of each case, however, just the fact that an accident occurred at an uncontrolled intersection does not per se mean both parties are contributorily negligent. There must be
Case-law data current through December 31, 2025. Source: CourtListener bulk data.