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WILLIAMS v. PHILADELPHIA TRANSPORTATION COMPANY (10/14/64)

October 14, 1964

WILLIAMS
v.
PHILADELPHIA TRANSPORTATION COMPANY, APPELLANT.



Appeals, Nos. 149 and 151, Jan. T., 1964, from judgments of Court of Common Pleas No. 7 of Philadelphia County, March T., 1958, No. 1843, in case of Alexander Williams and Madeleyne Williams, his wife, v. Philadelphia Transportation Company and Sadie Scott. Judgments affirmed.

COUNSEL

James Conwell Welsh, for appellant.

Morris M. Shuster, with him Freedman, Landy and Lorry, for appellees.

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

Author: O'brien

[ 415 Pa. Page 371]

OPINION BY MR. JUSTICE O'BRIEN

This intersection collision occurred in daylight on a summer evening, between a bus of appellant, in which appellee-wife was a passenger, and an automobile owned and operated by the co-defendant, Sadie Scott. Appellees, husband and wife, recovered a verdict and judgment against both defendants. Only the Philadelphia Transportation Company appealed.

The bus was proceeding eastwardly on Haverford Avenue and, when crossing Forty-Sixth Street, was struck on the right side by the automobile being driven northbound. The intersection was controlled by three sets of traffic lights.

Appellant, in seeking a new trial, assigns as error statements made by the trial judge during the trial and in the charge to the jury. The scope of our review is to determine whether the court committed a clear abuse of discretion or an error of law which controlled the outcome of the case. Nelson v. Barclay

[ 415 Pa. Page 372]

About a week after the accident an investigator for the Transportation Company called on Miss Scott and she gave a statement. The investigator, about the same time, interviewed the plaintiff, Mrs. Madeleyne Williams. The statement was written by the investigator in narrative form from information given to him by Mrs. Williams. The statement was signed in two places, at the bottom of the first page and on the back of the sheet of paper. Mrs. Williams admitted the signature as hers on the back page but either denied or didn't admit the signature on the front page.

Appellant called an examiner of disputed writings and documents who qualified as an expert. He testified that, in his opinion, the signatures were written by the same person.

Appellees called a lawyer who had represented a claimant against appellant, in a claim growing out of the same accident in an arbitration proceedings in county court. The evidence was elicited to contradict some testimony of the bus operator in connection with the accident. The lawyer for the appellant in the same arbitration hearing was in the courtroom ...


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