Appeals, Nos. 14 and 2, March T., 1964, from judgments of Court of Common Pleas of Allegheny County, April T., 1959, No. 2397, and July T., 1957, No. 3004, in cases of Frederick Bailey v. Charles W. Gibbs; and Same v. Pittsburgh Railways Company. Judgment against Railways affirmed; judgment against Gibbs reversed.
John B. Nicklas, Jr., with him McCrady & Nicklas, for individual appellant.
Leo Daniels, with him Prichard, Lawler & Geltz, for railways company, appellant.
Ralph S. Davis Jr., with him Evans, Ivory & Evans, for appellee.
Before Bell, C.j., Musmanno, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE EAGEN
Frederick Bailey was hit by an automobile, operated by Charles W. Gibbs, shortly after alighting from a bus of the Pittsburgh Railways Company (Railways). Separate actions of trespass for personal injuries were instituted against Gibbs and Railways. The actions were consolidated for trial at which the jury returned a verdict in favor of the plaintiff and against both defendants in the amount of $6133. Railways' motion for a new trial, and Gibbs' motions for judgment n.o.v. and a new trial were denied below. Both defendants appealed from the judgments entered on the verdict.
Gibbs' Motion for Judgment n.o.v.
It is fundamental that in evaluating the merits of this motion, the testimony must be read in a light most favorable to plaintiff's case: Sweigert v. Mazer, 410 Pa. 71, 188 A.2d 472 (1963).
On the question of liability, the plaintiff testified as follows:
In midafternoon of a dreary dry winter's day, he alighted through the right front door of the bus after it came to a stop on Beaver Avenue at Adams Street in the ...