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PALANDRO v. BOLLINGER (11/28/62)

November 28, 1962

PALANDRO
v.
BOLLINGER, APPELLANT.



Appeal, No. 84, March T., 1962, from order of Court of Common Pleas of Allegheny County, July T., 1956, No. 834, in case of Rocco Palandro v. Charles A. Bollinger. Order affirmed.

COUNSEL

Preston J. McDonnell, with him Brandt, Riester, Brandt & Malone, for appellant.

Dennis C. Harrington, with him Gene K. Lynch, and McArdle, Harrington & McLaughlin, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.

Author: Keim

[ 409 Pa. Page 297]

OPINION BY MR. JUSTICE KEIM

This is an appeal from order of Court of Common Pleas of Allegheny County granting plaintiff's motion for a new trial.

Plaintiff, a traffic policeman for the City of Pittsburgh, instituted suit in trespass to recover damages for injuries sustained on January 17, 1956 as a result of an accident at the intersection of Fawn Way and Moredale Street, in the City of Pittsburgh, at 4:20 P.M.

At the time of the collision, the plaintiff was on his way home riding a motorcycle with a side-car. He had been off duty since 3:45 P.M. An unidentified Motorist hailed the plaintiff and pointed out an automobile ahead which she alleged forced her off the road. Plaintiff proceeded to follow this vehicle which he had in sight and in taking a short cut eventually came to the scene of impact with defendant's automobile. There were no traffic controls at the intersection. The alley and street were both covered with hard packed snow which made driving hazardous.

It is not necessary to go into details as to the facts and extent of injuries because the motion for new trial was granted because the court erred in permitting counsel for the defendant to elicit testimony from plaintiff that his full salary and all medical expenses were paid by the city during his convalescence, there being no affirmative proof that the payments were a gratuity.

The testimony in question was given by an employe of the City of Pittsburgh from the payroll auditing section who testified from his records concerning the

[ 409 Pa. Page 298]

    absence of plaintiff, the applicable rate of pay and total loss of income. In answering the questions by counsel for defendant he stated that the city paid plaintiff $921.53 for time he earned with the city and received disability from the Disability Compensation Fund in the amount of $3,657.43, from January 17, 1956 to November 4, 1956. ...


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