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STEWART ET VIR. v. RAY (ET AL. (11/21/50)

November 21, 1950

STEWART ET VIR.
v.
RAY (ET AL., APPELLANT)



Appeals, Nos. 195 and 196, March T., 1950, from order of Court of Common Pleas of Allegheny County, April T., 1948, No. 2549, in case of Florence C. Stewart et vir. v. Anette Ray et al., trading as Philadelphia-Pittsburgh Carriers. Order reversed.

COUNSEL

Samuel W. Pringle, with him Dalzell, McFall, Pringle & Bredin, for defendant, Infantino, appellant.

Con F. McGregor, with him Bechman, Dunn, Parker & McGregor, for plaintiffs, appellees.

J. Roy Dickie, with him Dickie, Robinson & McCamey, for defendant, Ray, appellee.

Before Drew, C.j., Stern, Stearne, Jones, Ladner and Chidsey, JJ.

Author: Chidsey

[ 366 Pa. Page 135]

OPINION BY MR. JUSTICE CHIDSEY

Florence C. Stewart and John M. Stewart, her husband, instituted this action in trespass against Anette Ray and Anthony Infantino, trading and doing business as Philadelphia-Pittsburgh Carriers, to recover damages for injuries sustained by her when the automobile of Anette Ray in which Mrs. Stewart was a passenger and the tractor-trailer of Infantino, driven by his employe, James Magrino, collided at an intersection in the City of Pittsburgh. A jury returned a verdict in favor of plaintiffs against defendant, Anette Ray, and in favor of Infantino. A motion for new trial by plaintiffs asserting inadequacy of the verdict was subsequently withdrawn. Anette Ray filed a motion for new trial claiming the verdict to have been against the weight of the evidence. These appeals by Infantino are from the order of the court below awarding a new trial as to both defendants. Plaintiffs did not appeal but are opposed to setting aside the verdicts against defendant Ray.

Anette Ray, about noon February 11, 1947, a clear, sunny day, was proceeding eastwardly on Sawmill Run

[ 366 Pa. Page 136]

Boulevard approaching a T-intersection with Woodruff Street. Sawmill Run Boulevard is a four-lane highway and runs east and west. Woodruff Street intersects the Boulevard on the north side. In the center of Woodruff Street at the northerly line of the Boulevard is a triangular island separating traffic. A traffic light operating with the usual green amber and red cycle is installed on said island. A similar traffic control light is installed along the southerly curb of Sawmill Run Boulevard opposite the traffic island.

Mrs. Stewart was occupying the front seat of the Ray car. A Mrs. Campbell and a Mrs. Perry occupied the rear seat. Mrs. Stewart was rendered unconscious as a result of the accident and had no recollection of the manner in which the accident happened. Mrs. Campbell and Mrs. Perry were talking with each other about a meeting to which they were going and were not paying much attention, if any, to the operation of the car. Mrs. Campbell did not know whether Mrs. Ray had executed a left turn and did not see the Infantino truck until, as she said, "it was practically on us".

Plaintiffs called James Magrino, the operator of the Infantino truck. Magrino, an experienced truck driver, was operating his 10 ton tractor-trailer, 38 feet in length and carrying a load of 3,000 pounds. According to his testimony, he had entered upon Sawmill Run Boulevard at Liberty Tubes and was proceeding westerly, intending to make a delivery at the Carnegie plant of the Superior Steel Company. He was travelling at a speed of 20 to 25 miles per hour in his right lane and did not change his course up to the point of collision. As he proceeded through a railroad underpass 50 to 55 feet from the intersection, he saw the Ray car ...


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