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HORNAK v. PITTSBURGH RAILWAYS COMPANY ET AL. (01/15/69)

decided: January 15, 1969.

HORNAK
v.
PITTSBURGH RAILWAYS COMPANY ET AL., APPELLANTS



Appeals from orders of Court of Common Pleas of Allegheny County, Oct. T., 1963, No. 2195, and April T., 1963, Nos. 1195 and 1939, in cases of Martin E. Hornak et ux. v. Pittsburgh Railways Company et al.; Erma Shipley et vir v. Pittsburgh Railways Company et al.; and Anthony Merante v. Pittsburgh Railways Company et al.

COUNSEL

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

Harry W. Miller, with him Royston, Robb, Leonard, Edgecombe, Miller & Shorall, for Merante, appellant.

Leo P. Hajdukiewicz, with him Samuel R. Sciullo, for Merante, appellee.

P. J. McArdle, with him Frank J. Kernan, for Shipleys, appellees.

Clem R. Kyle, with him Michael B. Kaleugher, for Joanne Hornak, appellee.

Eric G. Koskoff, with him Evans, Ivory & Evans, for Martin E. Hornak and Joanne Hornak, appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen. Mr. Justice Cohen dissents. Mr. Justice Musmanno did not participate in the decision of this case.

Author: Eagen

[ 433 Pa. Page 171]

On December 21, 1962, three motor vehicles figured in an accident in the Schenley Park area of the City of Pittsburgh. An automobile operated by Joanne Hornak (Hornak) in which automobile Erma Shipley was a passenger, collided with a bus of the Pittsburgh Railways Company (Railways). At the time of the collision both vehicles were traveling in the opposite direction on a four lane, slush covered, slippery highway; the collision occurred when one of the vehicles crossed the medial line. An automobile which was operated by Anthony Merante and which was traveling in the same direction as the Hornak vehicle and immediately to its rear failed to stop in time and collided with the bus. As to whether or not it also collided with the Hornak vehicle, the evidence at trial was not in agreement.

Three lawsuits resulted and, without objection from the parties, were consolidated for trial. In the first action, Joanne Hornak and her husband sued Railways for her personal injuries and the property damage suffered. Railways joined Merante as an additional defendant and also counterclaimed for its property damage. In the second action, Erma Shipley and her husband sued Railways for her personal injuries and the original defendant joined Hornak and Merante as additional defendants. In the third action, Merante sued Railways for personal injuries and property damage and Hornak was joined as an additional defendant.

The trial consumed several days and was finally given to the jury for ...


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