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STAFFORD v. ROADWAY TRANSIT CO.

September 16, 1947

STAFFORD et ux.
v.
ROADWAY TRANSIT CO. (BARRINGER, Third-Party Defendant). BARRINGER v. ROADWAY TRANSIT CO.



The opinion of the court was delivered by: GOURLEY

These cases are actions in trespass arising out of an automobile accident which were tried before the Court without a jury.

Findings of fact and conclusions of law were filed by the Court in which the Court found:

 '1. In the action of William Charles Barringer against the Roadway Transit Company for personal injuries sustained by him, a right to recover was denied and judgment entered in favor of the Roadway Transit Company, at the cost of the plaintiff, William Charles Barringer.

 '2. In the action of William Charles Barringer under the Wrongful Death Statute, the same was dismissed and judgment entered in favor of the Roadway Transit Company, at the cost of the plaintiff, William Charles Barringer.

 '3. In the action of William Charles Barringer as Administrator of the Estate of Mary Anne Barringer, deceased, under the Survival Statute, judgment was entered in favor of William Charles Barringer, Administrator of the Estate of Mary Anne Barringer, deceased, against the Roadway Transit Company, in the amount of $ 3,000.00, at the cost of said defendant.

 '4. In the action of Barthol Stafford for personal injuries and damages sustained by him, judgment was entered against the Roadway Transit Company and William Charles Barringer in the amount of $ 1269.00, at the cost of the defendants.

 '5. In the action of Barthol Stafford for damages incurred as a result of the injuries sustained by his wife, Margaret Stafford, judgment was entered in favor of Barthol Stafford against the Roadway Transit Company and William Charles Barringer in the amount of $ 1691.00, at the cost of the defendants.

 '6. In the action of Margaret Stafford for personal injuries sustained by her, judgment was entered against the Roadway Transit Company and William Charles Barringer in the amount of $ 4031.00, at the cost of the defendants.'

 Motions have been filed by the Roadway Transit Company to open judgment for the purpose of offering additional testimony, together with motions for a new trial, and to set aside the verdict and judgment, or judgment in favor of the defendant notwithstanding the verdict. Said motions being as follows:

 (1)

 (2)

 'Roadway Transit Company, the above named Defendant, moves your Honorable Court to grant a new trial in the above and assigns therefor the following reasons:

 '1. That the Learned Trial Judge erred in directing that judgment should be entered in favor of William Charles Barringer as Administrator of the Estate of Mary Anne Barringer, deceased, and against the Roadway Transit Company.

 '2. That the verdict was against the evidence.

 '3. That the verdict was against the weight of the evidence.

 '4. That the verdict was against the law.

 '5. That the Learned Trial Judge erred in his tenth Finding of Fact, which said Finding is as follows:

 "10. That at the time and place of said collision, William Charles Barringer was operating the motor vehicle owned by Barthol Stafford and was solely responsible for the operation and control of said vehicle.'

 '6. That the Learned Trial Judge erred in his twentieth Finding of Fact, which Finding is as follows:

 "20. * * * However, the rear lights were not discernible for a distance greater than 100 feet due to the lights being covered with debris, dirt and other foreign matter, and did not comply with the laws of the Commonwealth of Pennsylvania.'

 '7. That the Learned Trial Judge erred in his twenty-first Finding of Fact, which Finding is as follows:

 "21. That said condition of the rear lights of the Roadway Transit Company truck was an act of negligence which ...


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