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BENSON v. PENN CENTRAL TRANSPORTATION CO. (ET AL. (06/21/74)

decided: June 21, 1974.

BENSON
v.
PENN CENTRAL TRANSPORTATION CO. (ET AL., APPELLANT)



Appeal from judgments of Court of Common Pleas, Civil Division, of Allegheny County, April T., 1971, No. 3784, in case of Moody J. Benson v. Penn Central Transportation Co., Edward Blakely and Frank O. Speelman, Inc., t/d/b/a Diamond Cab Company.

COUNSEL

James P. McKenna, Jr., with him Dickie, McCamey & Chilcote, for appellant.

Paul E. Moses, with him Evans, Ivory & Evans, for appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Watkins, P. J.

Author: Watkins

[ 228 Pa. Super. Page 46]

This appeal is from the order of the Court of Common Pleas of Allegheny County, Civil Division, refusing

[ 228 Pa. Super. Page 47]

    appellant's Frank O. Speelman, Inc., t/d/b/a Diamond Cab Company, motion for a new trial.

A verdict having been rendered after a jury trial in favor of the appellee, Moody J. Benson, against all three defendants we must consider all the evidence in the light most favorable to the appellee.

The facts in this case appear to be as follows:

Moody J. Benson, the appellee, was a trainman employed by Penn Central Transportation Company (hereinafter called Penn Central). On the night of April 9, 1969, he was at the Pitcairn Yards of his employer along with the other members of the crew to which he was assigned. He and the members of his crew were assigned a trip by the dispatcher to leave from the Conway Yards which was some miles away. It was the obligation of Penn Central to furnish transportation for the crew from Pitcairn Yards to Conway Yards so the dispatcher arranged for one of the appellant's cabs to pick up the crew and transport them.

On the way to Conway Yards, at a point on the Ohio River Boulevard where it intersects with Beaver Grade Road or the Haysville Intersection, the cab was involved in an accident with a vehicle driven by Edward Blakely and the appellee suffered injuries to his back.

It appears that the cab followed Blakely for several miles on the Boulevard until he turned right on a feeder road which almost paralleled the Boulevard. The cab proceeded on the Boulevard and when the traffic light turned green, the cab driver began to accelerate through the intersection when Blakely turned left and ran the light and struck the cab. Blakely was within the field of vision of the cab ...


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