Opinion
March 21, 1957.
May 27, 1957.
Negligence — Automobiles — Street railways — Passengers — Judgment n.o.v. — New trial — Court below — Discretion.
In these actions of trespass for personal injuries arising out of a collision between a street car and an automobile, in which the court below entered judgments on verdicts in favor of a passenger on the street car and the automobilist against the street railway company, it was Held, in tbe circumstances, that the court below did not abuse its discretion in refusing motions for judgement n.o.v. and for a new trial or in refusing to reduce the amount of the verdict recovered by one plaintiff.
Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.
Appeals, Nos. 17 and 18, March T., 1957, from judgments of Court of Common Pleas of Allegheny County, July T., 1953, No. 1969; and Oct. T., 1953, No. 1074, in cases of Norman R. Troy v. Martin Kiggins and Pittsburgh Railways Company, and Martin Kiggins v. Pittsburgh Railways Company. Judgments affirmed.
Actions of trespass for personal injuries and property damage. Before MARSHALL, J.
Verdict for plaintiff Troy and against defendant railways company in sum of $8,000, and in favor of defendant Kiggins; verdict for plaintiff Kiggins in the sum of $550, and against defendant railways company; defendant's motions for judgment n.o.v. and new trial refused and judgments entered on verdicts. Defendant railways company appealed.
Con F. McGregor, for appellant.
John Wirtzman, with him Peter F. Flaherty, for appellee.
Peter F. Flaherty, with him L. Pat McGrath, for appellee.
An action of trespass for personal injuries arising out of a collision between a street car and an automobile was brought by Troy, a passenger on the street car, against both the Pittsburgh Railways Company, and Kiggins, the operator of the automobile. Kiggins, in turn, brought suit against the Railways Company for damage to his automobile. The actions were consolidated for trial, and the jury returned verdicts in favor of both plaintiffs against the Railways Company, and for Kiggins as defendant in Troy's suit. From judgments of the Court of Common Pleas of Allegheny County, en banc, refusing the defendant Railways Company's motions for judgments n.o.v. and new trials in the two actions, these appeals are taken.
No useful purpose would be served by relating in detail the circumstances of the accident. After a thorough review of the complete record we are convinced that the court below did not abuse its discretion in refusing the defendant's motions, nor in refusing to reduce the amount of the verdict recovered by the plaintiff, Troy.
Judgments affirmed.