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ANTONELLI v. TUMOLO (05/27/57)

May 27, 1957

ANTONELLI
v.
TUMOLO, APPELLANT.



Appeals, Nos. 180, 181, 186 and 187, from judgments of Court of Common Pleas No. 7 of Philadelphia County, Dec. T., 1953, No. 4611, and of Court of Common Pleas No. 3, Dec. T., 1953, No. 7733, in cases of Ralph A. Antonelli v. George Tumolo and Anthony Archangelo (Helen Archangelo, Administratrix of Estate of Anthony Archangelo, Deceased); William J. Jenkins v. Anthony Archangelo (Helen Archangelo, Administratrix of Estate of Anthony Archangelo, Deceased), and George Tumolo. Judgment for plaintiff, Antonelli, affirmed; judgment for plaintiff, Jenkins, as modified, affirmed.

COUNSEL

John J. McDevitt, 3rd, with him Peter P. Liebert, 3rd, for defendant, Tumolo.

I. R. Kremer, with him Max E. Cohen and Henry Temin, for defendant, Archangelo.

George T. Guarnieri, for plaintiff, Jenkins.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

Author: Chidsey

[ 390 Pa. Page 69]

OPINION BY MR. JUSTICE CHIDSEY

These appeals arise from the refusal of the court below to disturb the verdicts of the jury in trespass actions consolidated for trial. Ralph A. Antonelli was a passenger in a car driven by Anthony Archangelo, and William J. Jenkins was a passenger in an automobile driven by George Tumolo at a time when the two vehicles collided. Antonelli brought an action against Tumolo in which Archangelo was brought in as additional defendant. Jenkins brought an action against Archangelo in which Tumolo was brought in as additional defendant. There was a third suit brought by

[ 390 Pa. Page 70]

Archangelo against Tumolo in which Tumolo filed a counterclaim for damages from Archangelo. The jury returned a verdict in favor of the passenger Antonelli against both drivers in the amount of $2,500 and a verdict in favor of the passenger Jenkins against both drivers in the amount of $22,500. In the suit between the drivers the verdict was: "We find contributory negligence on the part of both parties.". All post-trial motions for judgment n.o.v. and for a new trial were denied by the court below. No appeal to this Court was taken in the suit between the drivers. The appeals before us are by both defendants from the judgments entered against them in the respective actions brought by Antonelli and Jenkins. Neither appellant contends that he was entitled to judgment n.o.v., and the appeals relate solely to the grant of a new trial.

Both defendants urge that the verdict in favor of the passenger Jenkins in the amount of $22,500 was excessive. In addition, it is contended on behalf of the defendants Archangelo*fn1 that a new trial as to him should be granted in both cases since the verdicts of negligence against both drivers are inconsistent, and that the weight of the evidence required a finding that Tumolo alone and not Archangelo was negligent. Tumolo of course resists this contention, and urges that if a new trial is granted it should be as to both defendants and not as to Archangelo alone.*fn2

[ 390 Pa. Page 71]

The accident occurred on 49th Street in Philadelphia, a two-way street running generally north and south, upon which two sets of trolley car tracks were situated. The street is 38 feet wide, and, after subtracting the space taken by the automobiles which were parked on both sides of the street, it appears that there remained ...


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