Appeals, Nos. 153 and 154, Oct. T., 1956, from judgments of Court of Common Pleas No. 6 of Philadelphia County, March T., 1951, No. 1233, in case of Edward B. Williams v. Scott-Smith Cadillac Co. et al. Judgments affirmed.
Harrison G. Kildare, with him Joseph W. Henderson, and Rawle & Henderson, for defendants, appellants.
John B. Hannum, 3rd, with him Richard J. van Roden, for additional defendant, appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Carr, JJ. (hirt, J., absent).
[ 183 Pa. Super. Page 28]
This appeal is from the refusal of the court below to grant judgment non obstante veredicto arising from a trespass action. The action was brought by Edward B. Williams against William D. Clayton and Scott-Smith Cadillac Company, seeking to recover damages for personal injuries and property loss sustained as a result of a collision between his automobile and the vehicle operated by Paul L. Moll, additional defendant
[ 183 Pa. Super. Page 29]
and counter-claimant in the suit. The jury returned a verdict for plaintiff, Williams, in the sum of $976.66 and a verdict in favor of counter-claimant Moll in the sum of $1458.93 against the two original defendants, William D. Clayton and Scott-Smith Cadillac Company.
Appellants, Scott-Smith Cadillac Company and William D. Clayton, filed their motion for judgment non obstante veredicto against Moll, additional defendant, to have final judgment entered jointly against Scott-Smith Cadillac Company, William D. Clayton and Paul L. Moll on the ground that Moll was negligent as a matter of law.
The only question raised on this appeal is whether the evidence adduced at the trial below conclusively bars counter-claimant Moll from recovery as a matter of law or whether the facts developed made the case a proper one for the jury to decide.
The accident occurred in Philadelphia, Pennsylvania on February 10, 1950 at approximately 10:00 A.M., when the vehicle owned by Williams and operated under the control of Clayton, an employe of Scott-Smith Cadillac Company, struck the automobile of Moll at a right angle at the crossing of 12th and Brown Streets in the City of Philadelphia. At the time of the collision Clayton was conducting a new car check-up and test run of the Cadillac which had been purchased by Williams from Scott-Smith Cadillac Company. 12th Street, at the place of the accident, is a one way street southbound, centered by a single car track of two rails, and Brown Street is a two way street running east and west. Brown street ...