Opinion
November 13, 1961.
December 14, 1961.
Negligence — Automobiles — Control between crossings — Pedestrian — Evidence — Contributory negligence — Questions for jury.
In actions for damages for the death of plaintiff's husband, in which it appeared that defendant made a left turn into an intersection and, after proceeding about eighty-five feet, struck plaintiff's decedent, who, according to defendant's testimony, was about two feet in front of defendant when defendant first saw him; and that the court below, holding that the circumstances of the accident, together with defendant's testimony and the statements made by defendant to others immediately after the accident, required that the issues of negligence and contributory negligence be submitted to the jury, refused defendant's motions for judgment n.o.v. and for a new trial; it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeals, Nos. 167 and 168, April T., 1961, from order of Court of Common Pleas of Beaver County, March T., 1958, No. 286, in case of Clara M. Kaercher, administratrix of estate of Harry G. Kaercher, deceased, v. Robert Lee Miller. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 518.
Trespass for wrongful death. Before REED, P.J., specially presiding.
Verdicts in sum of $3,859.40 under wrongful death act and in sum of $3,000 in survival action; defendant's motions for judgment n.o.v. and for new trial refused and judgment entered on the verdicts. Defendant appealed.
Charles M. Barrickman, with him George I. Buckler, George Y. Meyer, and Wallover, Barrickman Scalera, for appellant.
J. Leonard Solomon, for appellee.
Argued November 13, 1961.
The order of the Court of Common Pleas of Beaver County is affirmed on the opinion of President Judge FRANK E. REED of the Orphans' Court, specially presiding for the court below, reported at 25 Pa. D. C. 2d 518.