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WILLIAMS v. SCOTT-SMITH CADILLAC CO. ET AL. (12/28/56)

December 28, 1956

WILLIAMS
v.
SCOTT-SMITH CADILLAC CO. ET AL., APPELLANTS.



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.

COUNSEL

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).

Author: Gunther

[ 183 Pa. Super. Page 28]

OPINION BY GUNTHER, J.

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 ...


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