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MAY v. PITTSBURGH RAILWAYS COMPANY (12/16/66)

decided: December 16, 1966.

MAY
v.
PITTSBURGH RAILWAYS COMPANY, APPELLANT



Appeal from order of Court of Common Pleas of Allegheny County, Jan. T., 1961, No. 973, in case of Sandra May, a minor, by John L. May, her guardian, et al. v. Pittsburgh Railways Company et al.

COUNSEL

Leo Daniels, with him Prichard, Lawler & Geltz, for appellant.

Gary F. Sharlock, with him Mercer & Buckley, for appellees.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Jacobs, J.

Author: Jacobs

[ 209 Pa. Super. Page 127]

The sole issue before us is whether or not the court below abused its discretion in granting a new trial.

On December 26, 1958 a streetcar owned by Pittsburgh Railways Company traveling south on Millvale Avenue in the City of Pittsburgh collided with an automobile traveling east on Sciota Street, and driven by Sandra Lee May, then a minor. The automobile driven by Sandra was owned by her mother, Sophie H. May, who was not in the automobile. As a result of the collision suit was begun against Pittsburgh Railways Company on behalf of Sandra for her personal injuries, on behalf of her parents, John L. May and Sophie H. May, for Sandra's medical expenses and loss of earnings during her minority, and on behalf of Sophie H. May for property damage to her automobile. The action of Sandra was severed from the action of her parents in their own right and she was joined

[ 209 Pa. Super. Page 128]

    as an additional defendant in the latter action.*fn1 The cases were tried together.

In the action of the parents in which Sandra was joined as an additional defendant the jury brought in the following verdict: "In favor of John L. May and Sophie H. May to receive hospital and medical expenses amounting to $477.55. In addition, in favor of Sophie H. May to receive automobile expense amounting to $1,095.85, grand total of $1,573.40." In the case of Sandra for her personal injuries the verdict of the jury read as follows: "Sandra May Gregory is not entitled to any remuneration from the defendant."

The court below recognized the inconsistencies in the verdicts but, instead of sending the jury out with additional instructions in an attempt to have the jury reach consistent verdicts, attempted to reform the verdicts. In the case of the parents' action it struck out the award of medical expenses in the amount of $477.55, provided that the award in favor of Sophie H. May in the amount of $1,095.85 should be against Pittsburgh Railways Company only and entered a verdict in favor of Sandra May Gregory. In the case of Sandra for her personal injuries the court entered a verdict in favor of Pittsburgh Railways Company and against Sandra. The Mays moved for a new trial and Pittsburgh Railways Company moved for judgment n.o.v. The court below dismissed Railways motion for judgment n.o.v. and a new trial was granted generally.

On appeal the appellant, Pittsburgh Railways Company, does not press its motion for judgment n.o.v. It argues that the verdict was correctly molded by eliminating ...


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