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DOWNEY v. RYMOROWICZ (07/02/59)

July 2, 1959

DOWNEY
v.
RYMOROWICZ, APPELLANT.



Appeals, Nos. 129 and 130, Jan. T., 1959, from judgments of Court of Common Pleas of Schuylkill County, July T., 1952, No. 80, in cases of Joseph Downey et al. v. John Rymorowicz; and Joseph Downey v. John Rymorowicz et al. Judgments reversed; reargument refused September 18, 1959. Trespass for personal injuries and property damage. Before CURRAN, J. Verdicts for plaintiffs; defendant's motion for new trial and judgments n.o.v. dismissed and judgments entered on the verdicts. Defendant appealed.

COUNSEL

H. G. Stutzman, with him James P. Bohorad, and Stutzman, Lewis and Sidoriak, and Houck, Bohorad and Lipkin, for appellant.

Fred C. Pace, with him Noonan & Pace, for appellees.

Before Jones, C.j., Bell, Jones, Cohen and Mcbride, JJ.

Author: Mcbride

[ 397 Pa. Page 207]

OPINION BY MR. JUSTICE MCBRIDE

Joseph Downey and John Zemlavage suffered injuries in a collision of two motor vehicles, one operated by Zemlavage and owned by Downey; the other owned and operated by John Rymorowicz. By stipulation of counsel the action instituted by the plaintiffs was severed and Zemlavage was made an additional defendant by appropriate proceedings. At the trial the following verdict was rendered:

1. In favor of the plaintiff Downey and against the original defendant Rymorowicz in the sum of $7,000 and in favor of the plaintiff Zemlavage and against the original defendant Rymorowicz in the sum of $100.

2. In favor of the plaintiff Downey and against the original defendant Rymorowicz in the sum of $7,000.*fn1

Judgments were entered on the verdicts and defendant appealed.

We need consider only the contention that Rymorowicz is entitled to judgment n.o.v. In doing so we shall view the testimony in the light most advantageous to plaintiffs, giving to them the benefit of every inference that might reasonably be deduced from the evidence and resolving all conflicts in their favor. Koehler v. Schwartz, 382 Pa. 352, 115 A.2d 155; Beatty v. Hoff, 382 Pa. 173, 114 A.2d 173.

When so considered the facts of the case are these:

The accident happened in broad daylight, about 4:15 p.m. on May 10, 1952, about 3 miles east of the borough of Mahanoy City. The highway is a 2 lane macadam road, 18 feet in width with a 2 to 3 feet berm on ...


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