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WILSON FREIGHT FORWARDING CO. v. SEAL (03/28/51)

March 28, 1951

WILSON FREIGHT FORWARDING CO., INC., APPELLANT,
v.
SEAL



Appeals, Nos. 64 and 65, Jan. T., 1951, from judgments of Court of Common Pleas of Berks County, Sept. T., 1949, No. 121, and August T., 1949, No. 100, respectively, in cases of Wilson Freight Forwarding Co., Inc. v. George K. Seal et al., trading as Joseph K. Seal & Son et al., and George K. Seal et al. v. Wilson Freight Forwarding Co., Inc. et al. Judgments reversed.

COUNSEL

Ralph C. Body and Edward Youngerman, with them Body, Muth, Rhoda & Stoudt, Max Yaffe and Yaffe & Blumberg, for appellants.

George R. Eves, with him Harry R. Matten, for appellees.

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

Author: Chidsey

[ 367 Pa. Page 20]

OPINION BY MR. JUSTICE CHIDSEY

Wilson Freight Forwarding Co., Inc. has taken two appeals. Appeal No. 65, January Term, 1951, in which Louis Malackov is also an appellant, is from the refusal of the court below to grant motions for judgment non obstante veredicto. Appeal No. 64, January Term, 1951, is from the refusal of the court below to grant Wilson's motion for a new trial and entry of judgment against it.

Appeal No. 65 concerns an action in trespass instituted by George K. Seal, Joseph S. Seal and Richard F. Wert against Wilson Freight Forwarding Co., Inc., Eastern Motor Dispatch, Inc., Louis Malackov and Doral L. Bierly, Jr., to recover damages arising out of a collision between the Chevrolet tractor and trailer owned by the Seals and operated by Wert, and the Wilson's tractor with a leased trailer attached, being operated by Louis Malackov. Appeal No. 64 concerns an action in trespass arising out of the same occurrence, instituted by Wilson Freight Forwarding Co., Inc., against George K. Seal and Joseph S. Seal, individually and trading as George K. Seal & Son. Louis Malackov, operator of the Wilson tractor, and Andrew

[ 367 Pa. Page 21]

Malackov, owner of the trailer, and Eastern Motor Dispatch, Inc., were made additional defendants. The cases were consolidated for trial. Andrew Malackov was removed from the case by stipulation and the trial court directed a verdict in favor of Eastern Motor Dispatch, Inc.

In the former case, verdicts were rendered and judgments entered thereon against Wilson and Louis Malackov in favor of George K. Seal and Joseph S. Seal in amount of $1,164.14, and in favor of Wert in amount of $12,754.05. In the latter case, a verdict was rendered in favor of the original defendants and against Wilson. Motions for judgment non obstante veredicto and for a new trial were filed in the respective cases, and, as stated, these appeals are from the refusal of the court below to grant these motions and the entry of the respective judgments.

The tractor-trailer of Eastern Motor Dispatch, Inc., on February 11, 1949, about 2:55 p.m., was disabled and parked on the north side of U.S. Route 22, west of the village of Lenhartsville, Berks County. Route 22, at this point, is a two-lane highway of macadam construction. The improved portion is 20 feet wide. Due to a previous snowfall, the berm was reduced to about 2 1/2 feet on either side. The day was clear and visibility good. The traveled portion of the highway was comparatively dry, with spots of ice and packed snow. Cinders had been spread upon the highway to prevent skidding and to provide traction. The Eastern vehicle was facing in a westerly direction with the right wheels on the berm and the remainder of the vehicle blocking about half of the west-bound traffic lane. ...


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