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BARKMAN v. ERIE INDEMNITY COMPANY (06/13/62)

June 13, 1962

BARKMAN
v.
ERIE INDEMNITY COMPANY, APPELLANT.



Appeal, No. 139, April T., 1962, from judgment of Court of Common Pleas of Somerset County, No. 1520 C.D. 1958, in case of Stella K. Barkman, administratrix of estate of Harry E. Barkman, deceased, et al. v. Erie Indemnity Company. Judgment affirmed.

COUNSEL

William Claney Smith, with him Lisle A. Zehner, and Smith & Zehner, for appellant.

Joseph N. Cascio, with him Paul E. C. Fike, and Fike and Cascio, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Ervin

[ 198 Pa. Super. Page 380]

OPINION BY ERVIN, J.

In this action of assumpsit, instituted by Stella K. Barkman, the widow and administratrix of Harry E. Barkman, deceased, against Erie Indemnity Company, defendant, seeking recovery under the innocent victim coverage clause*fn1 contained in deceased's liability policy

[ 198 Pa. Super. Page 381]

    with the defendant, the jury returned a verdict for plaintiff in the amount of $4,500.00. After refusal of

[ 198 Pa. Super. Page 382]

    motions for judgment n.o.v. and new trial judgment was entered upon the verdict. The defendant appealed.

The facts are set forth in the opinion of President Judge THOMAS F. LANSBERRY as follows: "On the morning of March 6, 1958, about 10 o'clock, Mr. Barkman, in good health, left his home in Somerset Borough in his Chevrolet sedan automobile for Winchester, Virginia. During that afternoon he was driving westward on U.S. Route 50, a relatively busy, two-lane highway, and reached a point approximately six miles east of Winchester, the point of the accident. The highway was dry and the visibility good.

"Two men, Kenneth E. Parker and James E. Hager, employees of the Chesapeake Potomac Telephone Company, driving eastward on Route 50 arrived at the point of the accident at 3:20 o'clock P.M. There they observed the Chevrolet on the east side of the highway (the opposite side in which it was obviously traveling) the front end against and into the concrete abutment of a small bridge on U.S. Route 50 and the rear portion of the car extending at an angle into the east bound cartway; the motor block and engine of the Chevrolet had been forced back toward the front seat of the car. No other automobile was present upon their arrival. Near and just west of the point of ...


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