Appeal, No. 103, March T., 1959, from judgment of Court of Common Pleas of Allegheny County, April T., 1953, No. 2125, in case of Margaret Purcell Grippo et al. v. Pennsylvania Truck Lines, Inc. Judgment affirmed.
Silvestri Silvestri, for appellant.
James F. Manley, with him James J. Burns, Jr., and Burns and Manley, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE BENJAMIN R. JONES.
The appellant, Mrs. Margaret Grippo, instituted this trespass action*fn1 for personal injuries she sustained when an automobile in which she was a passenger was allegedly struck from behind by a truck owned by the appellee, Pennsylvania Truck Lines, Inc., and operated in the course of his employment by Wilbur Knipple. The Truck Lines contended that the collision occurred when the vehicle in which Mrs. Grippo was a passenger drifted back down-grade and struck its truck, and accordingly joined the driver of the car in which Mrs. Grippo was a passenger, William Marciano, as an additional
defendant.*fn2 The jury returned a verdict of $1000 in favor of Mrs. Grippo and against the additional defendant, Marciano, and in favor of the original defendant, Pennsylvania Truck Lines. Appellant's motion for a new trial was refused, and from the judgment entered for the Truck Lines, Mrs. Grippo has appealed.
The only question on this appeal is whether the court below abused its discretion in refusing the motion for a new trial based on the ground that the verdict was capricious and against the weight of the evidence.
To resolve this question we consider all the evidence and assess its weight to determine whether the court below in refusing a new trial abused its discretion: Exner et ux. v. Gangwere, 397 Pa. 58, 60, 152 A.2d 458; Jemison v. Pfeifer, 397 Pa. 81, 92, 152 A.2d 697; Kiser v. Schlosser, 389 Pa. 131, 132, 132 A.2d 344.
The collision occurred on the approach of a grade on highway Route 30, in North Versailles Township, Allegheny County, at about 12:50 a.m., on December 30, 1951. Both vehicles were proceeding westwardly toward Pittsburgh. The weather condition at the time and place of the collision was foggy, and the visibility was between 25 to 35 feet. Marciano testified that he was travelling at about 15 miles per hour when the rear of his vehicle was struck by the Truck Lines' truck. Mrs. Grippo testified that, ...