Gosling v. Gross
Superior Court of Pennsylvania
Appeal, No. 307, Oct. T., 1916, by plaintiff, from order of Municipal Court Philadelphia Co., Feb. T., 1915, No. 478, entering judgment for defendant n. o. v. in case of Fanny J. Gosling v. Carl S. Gross. Trespass to-recover damages for injuries to an automobile. Before Knowles, J. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 307, Oct. T., 1916, by plaintiff, from order of Municipal Court Philadelphia Co., Feb. T., 1915, No. 478, entering judgment for defendant n. o. v. in case of Fanny J. Gosling v. Carl S. Gross. Trespass to-recover damages for injuries to an automobile. Before Knowles, J. The circumstances of the accident are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for $300. Subsequently the-court entered judgment for defendant n. o. v. • Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Trexeer, J.,
The automobiles of the parties collided at the intersection of two roads. The plaintiff was approaching at the rate of 15 miles an hour. His view of the intersecting road was obscured by a corn field. As he came near the road he saw the defendant’s auto approaching. He stated that if he had put on his brakes his car would have stopped at the center of the intersection and a collision with the approaching car would have been unavoidable. To escape this he put on speed trying to pass ahead of the other car, but failed in his attempt, and the damages which are the subject…
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