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KATZ v. MONTAGUE (07/17/56)

July 17, 1956

KATZ
v.
MONTAGUE, APPELLANT.



Appeal, No. 33, Oct. T., 1956, from order of Court of Common Pleas No. 7 of Philadelphia County, March T., 1952, No. 7813, in case of Betty Katz v. Earlie Montague and Abraham Keller. Order affirmed.

COUNSEL

J. Webster Jones, for appellant.

Stanley M. Greenberg, with him Bernard S. Ochman, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Woodside

[ 181 Pa. Super. Page 478]

OPINION BY WOODSIDE, J.

This action in trespass was brought by Betty Katz to recover damages for injuries sustained as a result of a collision between the automobile, in which she was riding, operated by additional defendant, Abraham Keller, and the automobile operated by defendant, Earlie Montague.

The case has been tried twice. The first trial resulted in a verdict for plaintiff against additional defendant in the amount of $5890.85, and in favor of the original defendant. A new trial was granted by the trial court in favor of plaintiff and additional defendant. On appeal this order was affirmed by the Supreme Court. Katz v. Montague, 380 Pa. 273, 276, 110 A.2d 178 (1955).

At the second trial the jury found for plaintiff against both defendant and additional defendant, assessing the damages in the sum of $2500. Thereupon plaintiff filed a motion for a new trial which was granted by the court below on the grounds of inadequacy of verdict and error in refusing to admit plaintiff's offer of the transcript of the defendant's testimony taken at the first trial. The defendant filed a motion for judgment n.o.v. which was denied. Defendant appealed from the court's refusal to grant judgment n.o.v. in its favor.

When considering the motion for judgment n.o.v. we must view the evidence in the light most favorable to the plaintiff in whose favor the verdict was rendered. Coradi v. Sterling Oil Co., 378 Pa. 68, 69, 70, 105 A.2d 98 (1954).

Viewed in this light the evidence establishes that on the dry, clear afternoon of February 25, 1952, the

[ 181 Pa. Super. Page 479]

    plaintiff was a passenger in an automobile operated west on Norris Street by Keller. The defendant, Montague, was driving his automobile south on Twenty-fifth Street, which intersects Norris Street at a right angle. The streets are both 26 feet wide ...


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