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HALL v. GEORGE (05/02/61)

May 2, 1961

HALL
v.
GEORGE, APPELLANT.



Appeals, Nos. 40, 41, 43 and 44, March T., 1961, from judgments of Court of Common Pleas of Erie County, Nov. T., 1959, No. 136, and Feb. T., 1960, No. 392, in cases of Dale E. Hall, administrator of estate of Robert Wayne Hall, deceased, v. Harold George and Frances Stokes, executors of estate of Jean S. George, deceased, v. James Springer et al.; and James C. Springer et al. v. Harold George and Frances Stokes, executors of estate of Jean S. George, deceased. Judgments affirmed.

COUNSEL

Bernard F. Quinn, with him Quinn, Leemhuis, Plate & Dwyer, for appellants.

Myron E. Rowley and William B. Washabaugh, Jr., with them Rowley, Smith & Rowley, and Washabaugh, McLure & Miller, for appellee.

Lee C. McCandless, with him A. Grant Walker, and Gifford, Graham, MacDonald & Illig, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Eagen

[ 403 Pa. Page 565]

OPINION BY MR. JUSTICE EAGEN.

This issue arises out of an automobile collision on Route 98, in an area about twelve miles distant from Meadville, Crawford County, Pennsylvania, on a clear afternoon. At that point the improved roadway is twenty-one feet, six inches in width, with berms on each side of six and one-half and seven feet in width. The defendants' decedent, Mrs. Jean S. George, seventy-eight years of age, was operating an automobile northwardly when, for some unexplained reason, it left its own proper lane of traffic, crossed over the highway, traveled up the wrong side of the road for a distance of approximately one hundred and fifty to two hundred feet with its left wheels on the berm, suddenly veered to the right and struck the right front door of a car traveling in the opposite direction. James C. Springer was the driver of the latter car in which Robert Wayne Hall and Bryan K. Wadding were guest passengers. Hall was rendered unconscious from injuries received and died two hours later. Springer was seriously injured. Following the accident, Mrs. George was found dead, sitting upright behind the wheel.

These lawsuits followed in Erie County and were consolidated for trial. The jury found that the accident

[ 403 Pa. Page 566]

    was due to the negligence of Mrs. George and awarded damages to Hall's estate and James C. Springer. The administrator of Hall's estate was awarded $1694 in the wrongful death action and $20,000 in the survival action. James C. Springer was given $6000 for personal injuries and loss of earnings, plus damages to the automobile in the sum of $2382. Motions for judgment notwithstanding the verdict and/or a new trial were refused. From judgments entered on the verdict, the decedent's executors appealed.

Hall Case

The motion for judgment n.o.v. is not pressed in this case, however, numerous reasons are assigned in support of the request for a new trial. A careful review of the record discloses no merit in any of the ...


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