Appeal from order of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1962, No. 2124, in case of William E. Black v. Yellow Cab Company of Philadelphia et al.
William H. Brown, III, with him Norris, Brown & Hall, for appellant.
Bernard J. Smolens, with him Schnader, Harrison, Segal & Lewis, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J.
[ 213 Pa. Super. Page 137]
Dissenting Opinion by Hoffman, J.:
Plaintiff, William E. Black, was a passenger in a Yellow Cab on September 25, 1962. At the intersection of Haverford Avenue and 53rd Street, Philadelphia, the Yellow Cab struck another car. As a result of the impact, plaintiff was thrown from the back seat into the front seat and was knocked unconscious. He was taken in an unconscious state to the Misericordia Hospital, and after regaining consciousness, complained of severe pain in the chest, left shoulder, left and right arm, abdomen, and back. He was examined at the hospital and sent home.
After arriving home, plaintiff called his family physician, Dr. Walton R. Johnson, because he was still in pain. Dr. Johnson went to plaintiff's home, examined him, and sent him back to the hospital, where he was admitted to the ward service.
Dr. Johnson's diagnosis, upon examining plaintiff at his home, was that he was ...