Appeals from order and judgments of Court of Common Pleas, Civil Division, of Westmoreland County, Jan. T., 1964, No. 494, Jan. T., 1965, Nos. 763, 331 and 332, and April T., 1966, No. 388, in cases of John Leasure et al. v. Norman Heller, Jr.; Frank P. Kalemba v. John E. Leasure et al.; Norman Heller, Jr. v. John Edward Leasure; Agnes Heller v. John Edward Leasure et al.; and Barbara Ann Myers v. Norman Heller, Jr.
Avra N. Pershing, with him Dom A. Meffe and Robert P. Boyer, for appellant.
Murray S. Love, with him F. Regan Nerone, and Sikov & Love, for appellee.
John N. Scales, with him Scales, Shaw, Lyons & Ceraso, for appellee.
Henry B. Waltz, Jr., for appellees.
Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Eagen.
About 12:15 a.m. on June 6, 1964, automobiles operated by John E. Leasure and Norman D. Heller, Jr., respectively, collided in Westmoreland County. Six trespass actions arising out of the accident were consolidated for jury trial with the following results.
(1) In an action wherein Arthur Leasure and John E. Leasure,*fn1 the owner and operator of the Leasure
vehicle, respectively, sued Norman C. Heller, Jr., the former for property damage and the latter for personal injury, compulsory nonsuits were entered as to both claims. The basis of the non-suit entered against Arthur Leasure was that he had failed to establish the loss claimed. The basis of the non-suit entered against John E. Leasure was that he was guilty of contributory negligence as a matter of law.
(2) In an action wherein Agnes Heller, owner of the Heller vehicle, sued Arthur Leasure and John E. Leasure for property damage, the jury returned a verdict in the amount of $2300 in favor of the plaintiff against John E. Leasure only.
(3) In an action wherein Norman C. Heller, Jr., sued John E. Leasure for personal injury, the jury returned a verdict in ...