STONER v. BENNETT


213 Pa.Super. 460 (1968)

Stoner, Appellant, v. Bennett.

Superior Court of Pennsylvania.

December 6, 1968.


Attorney(s) appearing for the Case

Herbert B. Lebovitz, with him Lebovitz & Lebovitz, for appellant.

Cosmos J. Reale, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.


OPINION PER CURIAM, December 6, 1968:

Judgment affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

Clearly there was evidence from which the jury in this case could charge the appellee-defendant with negligence on the basis that he entered this intersection after Stoner had been committed to it, and ran into the right side of the Stoner car with such force that it was propelled 75 feet from the point of impact. It was for the jury to determine which motorist...

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