Opinion
March 17, 1955.
April 18, 1955.
Negligence — Automobiles — Taxicab — Passengers — Scope of duty — Witnesses — Competency — Speed of vehicle — New trial — Instructing jury in absence of counsel.
In this trespass action brought by a passenger in a taxicab against the taxicab company to recover damages for injuries resulting from a collision between the taxicab and another vehicle, in which the jury found a verdict for the defendant upon the ground that the taxicab driver was not negligent; and upon consideration of the plaintiff's motion for new trial the court below ruled that (1) the cab driver had properly been permitted to testify regarding the speed of the other vehicle, (2) plaintiff's complaint concerning the charge with respect to contributory negligence was without merit as was the complaint that the trial judge had not specifically clarified the duty of the cab company to the plaintiff, and (3) a short and accurate additional instruction to the jury in the absence of counsel for the plaintiff was not grounds for granting a new trial; it was Held that the motion for new trial had been properly dismissed and judgment entered on the verdict.
Before STERN, C. J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.
Appeal, No. 67, March T., 1955, from judgment of Court of Common Pleas of Allegheny County, Jan. T., 1952, No. 692, in case of Julia B. Sapsara v. Peoples Cab Company. Judgment affirmed.
Same case below: 2 Pa. D. C.2d 22.
Trespass for personal injuries. Before COLUMBUS, J.
Verdict for defendant and judgment thereon. Plaintiff appealed.
Clair V. Duff, with him Robert A. Doyle and Duff Doyle, for appellant.
Harland I. Casteel, with him Chas. Holmes Wolfe, Jr. and Campbell, Houck Thomas, for appellee.
The judgment is affirmed on the opinion of Judge COLUMBUS.