Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1971, No. 2964, in case of Carolyn Dickerson, Raymond Dickerson and Donald Dickerson v. Cohen Hudson.
Charles Jay Bogdanoff, with him Albert C. Gekoski, for appellant.
Albert M. Hankin, with him Meyer, Lasch, Hankin & Poul, for appellees.
Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Spaulding, J.
[ 223 Pa. Super. Page 416]
Appellees brought this suit in trespass for damages sustained in an automobile accident which occurred on July 6, 1970. Appellant, who was the driver of one of the vehicles, was substituted as defendant. He subsequently died, but, pursuant to an appropriate stipulation, the case proceeded without the appointment of a personal representative. In accordance with the Act
[ 223 Pa. Super. Page 417]
providing for compulsory arbitration*fn1 as implemented by the Philadelphia County Arbitration Rules, hearing was held before a panel of three arbitrators on April 10, 1972, resulting in the following award by the panel:
"Judgment in favor of the plaintiff Carolyn Dickerson and against the defendant Cohen Hudson in the amount of Twenty Five Hundred Dollars ($2,500.00).
"Judgment in favor of the plaintiff Raymond Dickerson and against the defendant Cohen Hudson in the amount of Five hundred dollars ($500.00).
"Judgment in favor of the plaintiff Donald Dickerson and against the defendant Cohen Hudson in the amount of One hundred twenty dollars and severty-nine cents ($120.79)." (Report and Award of Arbitrators).
Appellant's counsel filed and perfected an appeal from the award, pursuant to the applicable local rules. Appellees then moved to quash the appeal from arbitration. They alleged that appellant offered no evidence as to liability, proffering evidence solely on the issue of damages, and that the appeal was in violation of the spirit of the ...