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Mellott, Appellant, v. Tuckey.

Negligence — Automobiles — Through highways — Right of way — Qualification — Intersection — Duty to look before entering — Duty to continue to look.

1. The right of way of an automobile driver on a through highway is qualified. [76]

2. In an automobile collision case in which there was evidence that defendant, proceeding on a through highway, approached the intersection at a speed of seventy miles per hour, and failed to apply her brakes until within seventy-two feet of the intersection, when plaintiff's car had already entered the intersection, it was Held that the evidence was sufficient to sustain a finding of negligence. [74-81]

3. It is the duty of a motor vehicle driver about to cross a through highway to look before entering and to continue to look as he advances, and to keep his car under such control that he can stop at any moment and avoid a collision. [77-8]

Argued May 22, 1944.

PER CURIAM, June 30, 1944:

The judgment is affirmed on the able and comprehensive opinion of President Judge SHEELY of the court below.

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MELLOTT v. TUCKEY
(Jun 30, 1944)