Notarianni v. Ross

Opinion bt

Mr. Justice Allen M. Steaene,

Plaintiff appeals from a judgment for defendant non obstante veredicto in a trespass action concerning collision of two motor vehicles. The pivotal question is whether, in the facts of this case, plaintiff’s failure to stop his automobile within the assured clear distance *64ahead constituted contributory negligence as matter of law. The learned court below ruled that it did.

Anthony Notarianni, the plaintiff, was driving his car northward on Fifth Street, in the City of Philadelphia. He entered a tunnel or underpass on that street, which permits traffic to…