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RAGO ET AL. v. NELSON. (12/14/60)

December 14, 1960

RAGO ET AL., APPELLANTS,
v.
NELSON.



Appeals, Nos. 224 and 225, April T., 1960, from orders of Court of Common Pleas of Allegheny County, Oct. T., 1955, Nos. 2486 and 2487, in cases of Doris J. Rago et vir v. Ralph S. Nelson and Doris Rago, and Ruth Rago et vir v. Same. Judgments affirmed except new trial granted in one action.

COUNSEL

Leonard E. Price, with him Edward O Spotts, for appellant.

Thomas F. Weis, with him Weis & Weis, for appellee.

Before Rhodes, P.j., Wright, Woodside, Ervin, Watkins, and Montgomery, JJ. (gunther, J., absent).

Author: Woodside

[ 194 Pa. Super. Page 320]

OPINION BY WOODSIDE, J.

These are appeals from judgments entered in trespass actions growing out of a collision between two automobiles.

Doris Rago was driving her husband's automobile south on a two-lane through highway in Armstrong County. She was returning from her place of employment with four co-workers, including her sister, Ruth Rago. (The sisters are married to brothers.)

Ralph Nelson, operating his automobile on a road that crossed the through highway, came to a stop before entering the intersection which Doris was approaching from his right. There was an unobstructed view between the two automobiles of 1450 feet. Doris saw the Nelson car stopped at the stop-sign. Nelson did not see her car approaching. Starting from a stopped position, he drove across the through highway in front of the Rago car. The front part of Nelson's automobile completely crossed the through highway, but the rear part of his car was struck by the Rago car. The girls in the Rago car were talking, and one of them shouted "look out," when she saw Nelson crossing their path. Doris put on her brakes, but continued in a straight line making no effort to pass in back of the Nelson car, although there was nothing approaching from the opposite direction and a turn of a few feet to the left by her would have avoided the accident. Both cars were demolished, Nelson's 14 year old daughter, who was riding with him, was thrown onto the highway, and the Rago girls were both injured.

Doris and her husband, Mark Rago, brought an action against Nelson for damages resulting from the injuries to Doris, and for the damage to Mark's automobile. Ruth Rago and her husband, Thomas, brought an action against Nelson for damages resulting from her injuries. Nelson brought in Doris Rago as an additional defendant in both actions, and the cases were

[ 194 Pa. Super. Page 321]

    consolidated for trial. The jury found Doris Rago and Nelson both guilty of negligence. The verdict was for the defendants in the actions brought by Doris and Mark Rago, and for the plaintiffs against both Doris and Nelson in the action brought by Ruth and Thomas Rago. The evidence supports the verdict, and the parties are not pressing a motion made below for judgment n.o.v., although they contend here that the verdicts are against the weight of the evidence. They are not. There was credible evidence from which the jury could find Doris negligent.

All of the plaintiffs are pressing for a new trial. Ruth, whose verdict was for $2000, and Thomas, whose verdict was for $1000, claim that they are inadequate. Doris appealed only as ...


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