No. 19 March Term 1979, Appeal from the Order of Court of Common Pleas of Snyder County to No. 426 of 1974.
Clement E. Kisailus, Wilkes-Barre, for appellant.
Robert L. Walsh, Sunbury, for appellees.
Cercone, President Judge, and Watkins and Montgomery, JJ.
[ 278 Pa. Super. Page 56]
This appeal by the plaintiff, Andrew Antolik, Jr., is from an order denying him a new trial following a verdict for the defendant, Danny Lee Kerstetter,*fn1 in an action of trespass arising from a collision of their automobiles.
Although the province of this court is generally limited with respect to the facts to a determination of whether there is evidence to support the verdict, we may grant a new trial on the grounds that the verdict is against the weight of the evidence if the jury's verdict is so contrary to the evidence as to shock one's sense of justice. Albert v. Alter, 252 Pa. Super. 203, 381 A.2d 459 (1977) (allocatur refused) and the other cases therein cited.
In reviewing the record in this case, our sense of justice is shocked by the verdict and a new trial will be granted for that reason alone.
We find no important conflicts in the testimony. The record presents a clear picture as follows:
The accident occurred about 11:40 A.M. on November 11, 1972 within the intersection of Pennsylvania Route 35 with legislative Route 54041, known as Middle Creek Road, in the Village of Kantz, Snyder County. It was a violent rear end collision. Plaintiff's 1968 Ford Mustang, while moving between 10 and 15 miles per hour, was struck directly in the rear by the front of defendant's 1968 Plymouth Sedan, which was traveling 20 to 25 miles per hour. The Ford came
[ 278 Pa. Super. Page 57]
to rest beyond the intersection while the Plymouth stopped in the intersection.
Plaintiff had been traveling westwardly on Route 35 down a hill described as about 1305 feet in length from the top to the intersection and with a 25% grade. The road was of a two car width, about 24 feet wide, with ten-foot berms which narrowed to 4 to 6 feet as it neared the intersection. It was paved with ...