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BRODIE v. PHILADELPHIA TRANSPORTATION COMPANY (10/07/64)

October 7, 1964

BRODIE
v.
PHILADELPHIA TRANSPORTATION COMPANY, APPELLANT.



Appeals, Nos. 177, 178, 179 and 180, Jan. T., 1964, from judgments of Courts of Common Pleas Nos. 5 and 6 of Philadelphia County, Dec. T., 1959, Nos. 3384 and 3151, in cases of Sylvia Brodie and Maurice Brodie v. Philadelphia Transportation Company and Sylvia Waxler; Sylvia Waxler and Norman Waxler v. Philadelphia Transportation Company. Judgments reversed.

COUNSEL

James Conwell Welsh, for defendant, appellant.

James Edwin Beasley, with him Sheldon L. Albert, Boris Shapiro, Marvin R. Halbert, and Halbert & Kanter, for appellees.

Arthur M. Harrison, with him Walter Lazaroff, and Bernstein, Bernstein, Levy & Harrison, for appellees.

Before Bell, C.j., Cohen, Eagen, O'brien and Roberts, JJ.

Author: Eagen

[ 415 Pa. Page 298]

OPINION BY MR. JUSTICE EAGEN

On January 23, 1960, at a street intersection in the City of Philadelphia, a violent collision occurred between a trolley car, owned and operated by the Philadelphia Transportation Company (Company), and an automobile operated by Sylvia Waxler, in which Sylvia Brodie was a guest passenger.

Sylvia Waxler, alleging that the collision and resulting injury were due to the negligent operation of the trolley car, sued Company for damages, in which action her husband, Norman, was also named as a party plaintiff.

Sylvia Brodie and her husband, Maurice, instituted a similar action against Company. In this suit, Sylvia Waxler was later joined as an additional defendant. Sylvia Brodie died on April 2, 1960, from injuries received in the accident, and proper substitution of her personal representative, as party plaintiff, was made of record.

The cases were consolidated for trial, at which verdicts were returned against Company alone in favor of all plaintiffs in the following amounts: Estate of Sylvia Brodie, $115,000; Maurice Brodie, $20,000; Sylvia Waxler, $45,000; Norman Waxler, $20,000. Post trial motions were dismissed by the court en banc below, and from judgments entered on the verdicts appeals were filed in this Court.

Appellant first contends that Sylvia Waxler, under her own testimony, was guilty of contributory negligence as a matter of ...


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