Schwiegerath v. Berger

Henderson, C. J., delivered the opinion of the Court. This appeal is from a summary judgment entered for one of the defendants, Mr. Berger, in a case arising out of an automobile collision that occurred on April 13, 1961. The declaration was filed by the appellants claiming damages for injuries to Mrs. Schwiegerath, a passenger in a car operated by Mrs. Krebs, against Mrs. Krebs and the operator oí a second car, Mr. Berger. After general issue pleas had been filed interrogatories were sought and answered by Mrs. Schwiegerath, Mrs. Krebs and Mr. Berger, and depositions taken.

Appropriate motions with supporting affidavits were then filed. A careful reading of the deposition testimony convinces us, as it did the trial court, that there is no genuine dispute as to any material fact, and no question of credibility. Prior to the collision, Mrs. Krebs was proceeding east on Sinclair Pane, a 28-foot street with two-lane traffic in each direction. She testified she stopped at Erdman Avenue, a 70-foot street with 6 lanes of traffic, for a red light.

Cars coming south crossed in front of her. Pier car, however, barged into Erdman Avenue against the red light, passed in front of a milk truck standing in the northbound lane next to the island in the center, and crashed into the Berger automobile. She testified flatly ;“***l know I was stopped and that the light had not yet turned green when my car took off.” This testimony was undisputed. Her passenger could not say whether she stopped, or whether the light was red, but did say Mrs. Krebs told her the next day her car “went out of control.” Mr. Berger testified he was going north on Erdman Avenue and the light turned green in his favor when he was some distance away.

Cars crossed ahead of him and cars crossed from the opposite direction. He passed a milk truck that had stopped preliminary to making a left turn into