Appeals, Nos. 210, 211, 212, and 213, April T., 1963, from judgments of Court of Common Pleas of Allegheny County, Jan. T., 1960, No. 174, in cases of Kenneth Algeo et al. v. Pittsburgh Railways Company et al.; and Anthony D. Marando et al. v. Pittsburgh Railways Company. Judgments affirmed.
Con F. McGregor, with him Bechman, Dunn & McGregor, for appellant.
James J. Flaherty, with him Wirtzman, Sikov and Love, for appellees.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 202 Pa. Super. Page 549]
This is an appeal from judgments entered in trespass actions against the Pittsburgh Railways Company after the denial of a motion for a new trial by
[ 202 Pa. Super. Page 550]
the lower court. The judgments were entered on jury verdicts for the plaintiffs in two suits, joined for trial, which arose out of an intersection collision between an automobile and a streetcar.
The appellant contends as its sole ground for reversal that the verdicts were against the weight of the evidence.
The accident occurred at an intersection when the plaintiff-driver, Marando, attempted to make a right-hand turn into the street being traveled by the streetcar which approached the intersection from the plaintiffs' left. The intersection had no traffic controls. The street on which the streetcar was proceeding had two tracks. Automobiles were parked along both sides of the street, leaving insufficient space for traffic to pass between the streetcar tracks and the parked automobiles. The street on which the automobile had been proceeding was narrow.
Two of the plaintiffs, the driver and his passenger, Algeo, testified that the former stopped at the curb line prior to entering the intersection, stopped again while making the right-hand turn and prior to entering upon the streetcar tracks, and was also stopped when the streetcar struck the automobile. The plaintiffs also testified that the operator of the streetcar accelerated his speed as he approached the intersection and made no effort to stop. This testimony was corroborated by two disinterested eyewitnesses.
The operator of the streetcar testified that as he reached the intersection he saw the automobile coming from his right, that he immediately tried to stop, and that the automobile struck the right ...