Sweigert v. Mazer

Opinion by

Mr. Justice Benjamin R. Jones,

The primary issue presented herein is whether Earle W. Sweigert, the plaintiff in this trespass action, was guilty of contributory negligence as a matter of law so as to compel the grant of a judgment n.o.v.

At approximately 1:00 p.m. on July 11, 1957 — a clear day with visibility good — Sweigert parked his automobile along the west curb of 15th Street in Philadelphia and crossed 15th Street from west to east to enter a fruit store located approximately opposite the parked Sweigert automobile. 15th Street runs generally north-south and is approximately…