Appeal from judgment of Court of Common Pleas No. 3 of Philadelphia County, June T., 1963, No. 3018, in case of Clifford N. Canavin v. Wilmington Transportation Company.
David F. Kaliner, with him Edward B. Joseph, for appellant.
Thomas F. Gilson, with him Halbert, Kanter, Hirschhorn, Gilson & Corrigan, for appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Wright, J. Dissenting Opinion by Ervin, P. J. Watkins and Hoffman, JJ., join in this dissenting opinion.
[ 208 Pa. Super. Page 507]
On June 12, 1962, Clifford N. Canavin was struck and injured by an airport limousine of the Wilmington Transportation Company. He instituted an action in trespass which was tried non-jury and resulted in a verdict for the plaintiff in the sum of $6,600.00. Exceptions filed by the defendant were dismissed, and judgment was entered on the verdict. The defendant
[ 208 Pa. Super. Page 508]
has appealed. The factual situation appears in the following excerpt from the opinion below:
"Plaintiff was employed by National Car Rental Service, operating out of Philadelphia International Airport. On Tuesday, June 12, 1962, at about 4 p.m., plaintiff was struck by an airport limousine owned by defendant causing serious injuries. He was struck just as he was stepping on to the sidewalk, at the entrance to the limousine parking area of the airport. Plaintiff was taken to the hospital for emergency treatment, and thereafter he required continuous treatment for serious injuries to his back.
"It was later determined that the limousine had been left in the area with the keys in the ignition, and that a young boy from the Devereux School, in attempting to steal the vehicle, ran down the plaintiff. The limousine area at the time of this accident, was an open lot adjacent to the northern part of the airport terminal, and several hundred feet from the main entrance to the terminal building. This area was bounded by the building on one side and by sidewalks on the other sides. No fences or other devices were provided to keep persons out of the area. There was evidence that airport police were in the area frequently, but security officers were not stationed in the area constantly.
"The evidence disclosed that on several occasions in the past, vehicles had been stolen from the airport public parking lot a short distance from the rental area. That rental services such as Avis, Hertz and National Car Rental had all had vehicles stolen in the period before this occurrence. There was also evidence that youngsters had on numerous occasions vandalized the vehicles in the several parking lots and the limousine area, stealing hub caps and other accessories. There were numerous thefts from the area where the accident occurred, and occasional auto thefts. Young
[ 208 Pa. Super. Page 509]
persons and juveniles were a usual problem in and about the airport, and they would break into ...