Opinion
November 14, 1962.
December 12, 1962.
Practice — New trial — Verdict — Inadequacy — Evidence.
In a motor vehicle collision case, in which it appeared that wife plaintiff was injured when an automobile, owned by her but operated by husband plaintiff, was struck by defendant's car, and that the jury returned a verdict in favor of the husband for $490, and a verdict in favor of the wife for $260; that the husband's verdict represented the doctor, hospital and drug expenses, plus a small amount for loss of consortium, and the wife's verdict represented the property damages and about $150 for pain and suffering; and that the court below, holding that, although the verdicts were small, they were in the circumstances substantial, refused plaintiffs' motion for a new trial; it was Held that the judgments of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WATKINS, MONTGOMERY, and FLOOD, JJ. (WOODSIDE, J., absent).
Appeals, Nos. 236 and 237, April T., 1962, from judgments of Court of Common Pleas of Allegheny County, April T., 1959, No. 1579, in case of John Pape et ux. v. Bonnie G. Short, by her guardian and next friend, G.A. Short, et al. Judgments affirmed.
Same case in court below: 28 Pa. D. C. 2d 581.
Trespass for personal injuries and property damage. Before WEISS, J.
Nonsuit entered as to defendant Short; verdict for plaintiff J. Pape in the sum of $490 and for plaintiff A. Pape in the sum of $260; plaintiffs' motion for new trial refused and judgments entered on the verdicts. Plaintiffs appealed.
Leonard E. Price, for appellants.
Daniel B. Winters, with him Arthur G. Stein, and Stein and Winters, for appellee.
Argued November 14, 1962.
The judgments of the court below are affirmed on the opinion of Judge SAMUEL A. WEISS of the Court of Common Pleas of Allegheny County, as reported in 28 Pa. D. C. 2d 581.