Opinion
January 2, 1934.
March 19, 1934.
Appeals — Review — Verdict of jury — Conclusiveness — Attachment sur judgment against defendant's insurer — Coöperation of insured.
Where a judgment is obtained against defendant in an automobile accident case, and an attachment sur judgment is issued against defendant's insurer as garnishee, and the garnishee denies liability for the reason that defendant had not rendered the reasonable and necessary coöperation provided for in its policy, and upon trial the sole issue involved is one of fact which is submitted to the jury in a charge free from reversible error, and there is adequate testimony to support the jury's verdict, the appellate court is concluded thereby.
Before FRAZER, C. J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.
Appeal, No. 285, Jan. T., 1933, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1928, No. 11742, in case of Julia Rosenthal v. Joseph Radetsky, defendant, and American Casualty Company, garnishee. All assignments of error overruled and judgment affirmed.
Attachment sur judgment in trespass. Before GORDON, J.
The opinion of the Supreme Court states the facts.
Verdict and judgment for garnishee. Plaintiff appealed.
Error assigned, inter alia, was judgment, quoting record.
Robert M. Bernstein, for appellant. Raymond A. White, Jr., and Maurice W. Sloan, of Sloan, White Sloan, for appellee, were not heard.
Argued January 2, 1934.
Plaintiff was injured in an automobile accident while riding as a guest in a car owned and operated by defendant. In an action of trespass to recover damages she secured a verdict against him in the sum of $8,800. Defendant held a policy of liability insurance issued by the American Casualty Company, but five months after the accident and before the trial, the insurance company disclaimed liability under the policy on the ground of noncoöperation and refused to take part in the defense of the suit. An attachment sur judgment was issued and the casualty company named as garnishee. In the answers filed to the interrogatories, garnishee denied liability for the reason defendant had not rendered the reasonable and necessary coöperation provided for in the policy. This issue was tried before a jury which rendered a verdict for garnishee. A new trial was awarded and the jury again found for garnishee. Plaintiff appeals from judgment entered on the verdict.
It is apparent that the sole issue involved here is a question of fact which has been twice submitted to a jury and each time found in appellee's favor. Not only was there adequate testimony to support the jury's verdict, but, as stated by the learned judge of the court below, "It is difficult to review the evidence in this case without coming to the same conclusion as that reached by the jury." Appellant's contentions were submitted to the jury in a comprehensive and impartial charge which is free from reversible error, and we are concluded by the decision rendered. See Graham v. United States Fidelity Guaranty Co., 308 Pa. 534.
All assignments of error are overruled and the judgment is affirmed.