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STIMAC v. BARKEY (11/14/61)

November 14, 1961

STIMAC
v.
BARKEY, APPELLANT.



Appeals, Nos. 130 and 131, March T., 1961, from judgments of Court of Common Pleas of Beaver County, March T., 1960, No. 451, in case of Mary Anne Stimac et al. v. Russell L. Barkey et al. Judgments affirmed.

COUNSEL

Oran W. Panner, with him Bradshaw and Panner, for appellants.

John D. Ray, with him Ray & Good, for appellees.

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

Author: Jones

[ 405 Pa. Page 254]

OPINION BY MR. JUSTICE BENJAMIN R. JONES,

The refusal of the court below to enter judgment n.o.v. is the subject of this appeal.

[ 405 Pa. Page 255]

On June 15, 1959, at approximately 6:30 a.m., Mary Anne Stimac was operating an automobile, owned by her mother, Mary Stimac, in an easterly direction on Route 251, known as the Black Hawk Road, in Beaver County en route to her place of employment as a nurse at the Rochester General Hospital, Rochester, Pa. Route 251, 22 feet wide, consists of two lanes and the center of the highway is marked with a white line. At the time weather conditions were good and it was daylight. As Miss Stimac proceeded along the highway, she started upgrade and approached an "S" curve at a speed of 35 to 40 miles per hour; as she proceeded into the curve to her left, she observed approaching from the opposite direction an empty flatbed tractor-trailer owned by Harry D. Stewart and operated by Russell L. Barkey. Miss Stimac then entered the curve to her right and, as she was leaving the second curve, a collision occurred between her automobile and the tractor-trailer. The left front portion of the Stimac automobile came in contact with the first of the two rear tires and wheels on the left side of the trailer. As a result of the collision, Miss Stimac was seriously injured and the automobile damaged.

An action in trespass was instituted by Miss Stimac and her mother, Mary Stimac, against Barkey and Stewart in the Court of Common Pleas of Beaver County. After a trial before Judge MORGAN H. SOHN and a jury, the jury returned a verdict of $750 in favor of Mary Stimac for the damage to the automobile and a verdict of $7,000 in favor of Mary Anne Stimac for her personal injuries and expenses. The court below entered judgment on the verdicts and these appeals then were taken.

In considering these appeals we view the testimony in the light most favorable to the verdict winners, resolve all conflicts in the testimony in their favor and give to them the benefit of all facts and inferences from

[ 405 Pa. Page 256]

    facts reasonably deductible from the evidence: Sollinger v. Himchak, 402 Pa. 232, 236, 166 A.2d 531; Linsenmeyer v. Straits, 402 Pa. 7, 13, 166 A.2d 18; Greco v. 7-Up Bottling Co., etc., 401 Pa. 434, 440, ...


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