Appeals, Nos. 297, 298, 299 and 300, Jan. T., 1961, from judgments of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1957, No. 3427, in case of Norman Piwoz, Dr. Seymour Piwoz and Ida Piwoz v. Emilio Iannacone and Arnold Scott. Judgments reversed.
J. Webster Jones, for appellants.
David Kanner, for appellees.
Before Bell, C.j., Jones, Cohen, Eagen and Alpern, JJ.
OPINION BY MR. JUSTICE EAGEN
The plaintiff, Norman Piwoz, was operating an automobile owned by his parents, the plaintiffs, Dr. Seymour Piwoz and Ida Piwoz, which was involved in a collision with an automobile owned by the defendant, Emilio Iannacone, and operated by the defendant, Arnold Scott. An action for personal injuries and property damage resulted. A verdict in favor of all plaintiffs and against both defendants was returned by the jury. Motions for a new trial and judgment non obstante veredicto were refused by the court en banc. From the judgments entered upon the verdict, the defendants appealed.
In evaluating the merits of this motion, the evidence must be viewed in the light most favorable to the plaintiffs, giving the verdict-winners the benefit of every fact and inference of fact reasonably deducible from the evidence: Greco v. 7-Up Bottling Co. of Pittsburgh, 401 Pa. 434, 165 A.2d 5 (1960); Matkevich v. Robertson, 403 Pa. 200, 169 A.2d 91 (1961).
Read in this light, the record discloses the following: The Piwoz (plaintiffs') automobile was proceeding east on Baltimore Avenue in the City of Philadelphia. This thoroughfare is a two-way street with a double set of streetcar tracks. It is intersected from the north by 44th Street, which does not continue to run through to the south, thus forming a T intersection. The intersection at the time of the accident was controlled by a traffic light, which was blinking yellow on Baltimore Avenue, calling for caution on the part of traffic proceeding on this thoroughfare; and blinking red on the 44th Street side, directing traffic on this street to stop before proceeding into the intersection.
When plaintiffs' car approached the intersection, it came to a complete stop, 35 or 40 feet from the westerly curb line of 44th Street. The defendant's automobile proceeding south on 44th Street came into the intersection without stopping, made a careening wide turn, crossed over the center line of Baltimore Avenue, skidded and collided with the motionless automobile of the plaintiffs.
The action against the defendant-owner, Iannacone, was based upon the premise that, at the time involved, Scott was his agent and was operating the automobile upon Iannacone's business. The appellants' main thrust in support of the motion for judgment n.o.v. is that the evidence is insufficient as a matter of law to support such a finding. That the evidence was not ample to ...