Petres v. Alexy

Opinion by

Gawtheop, J.,

This is an appeal from a refusal to take off a non-suit in an action of trespass for damages to an automobile, tried before a judge sitting without a jury.

Plaintiff, at about 9:30 o’clock on the morning of August 3,1930, was driving his automobile westwardly on Rockland Street approaching Ninth Street, which intersects Rockland Street, in the City of Philadelphia. Each street is thirty-four feet wide between its curb lines. The sidewalks on Rockland Street are thirteen feet in width and those on Ninth Street are fifteen feet in width. When plaintiff reached the east…