Fasano v. Philadelphia Rapid Transit Co.
| Decision Date | 05 March 1932 |
| Docket Number | 386-1931 |
| Citation | 104 Pa.Super. 124,159 A. 219 |
| Parties | Fasano v. Philadelphia Rapid Transit Co., Appellant |
| Court | Pennsylvania Superior Court |
Argued October 27, 1931
Appeal by defendant from judgment of M. C., Philadelphia County. November T., 1930, No. 394, in the case of Frank Fasano v Philadelphia Rapid Transit Company.
Trespass to recover for personal injuries. Before Walsh, J.
The facts are stated in the opinion of the Superior Court.
Verdict for plaintiff in the sum of $ 1,200, and judgment entered thereon. Defendant appealed.
Error assigned, among others, was refusal of defendant's request for binding instructions.
Reversed.
Jay B Leopold, and with him Bernard J. O'Connell, for appellant.
Harry J. Gerber, for appellee.
Before Trexler, P. J., Keller, Linn, Gawthrop, Cunningham and Baldrige, JJ.
Plaintiff has a verdict and judgment thereon in the sum of $ 1,200 for personal injuries resulting from a collision on Coulter Street, Philadelphia, between a truck, upon which he was riding, and a trolley car of the defendant. Defendant's motions for a new trial and for judgment n. o. v. were denied and it has appealed to this court.
Plaintiff was in the employ of Frank DeAngelo, the operator of a stone quarry at West Manayunk. On a clear day plaintiff and two fellow employes, Tony DeAngelo and Alphonso Saracino, were returning from the quarry on the truck of their employer; DeAngelo was driving and plaintiff, seated at his right, had a full view of traffic conditions. Coulter Street, running east and west, is thirty feet from curb to curb and defendant operates its cars over a single track in the middle of the street; the accident happened in the block between Laurens and Morris Streets; Laurens, a north and south street, intersects Coulter on the north side but does not cross it. Opposite this intersection, Midvale Avenue curves into Coulter from the south and at this point the double tracks of defendant on Midvale merge into the single track on Coulter. A little over three hundred feet east of the point where Midvale enters Coulter the latter crosses, by an overhead bridge, the tracks of the Chestnut Hill Branch of the Pennsylvania Railroad; the next cross street to the east is Morris, about one hundred and seventy feet beyond the bridge. There is a two per cent. descending grade from the bridge to Laurens.
The truck was traveling east on Midvale Avenue and plaintiff testified that when it rounded the curve into Coulter he saw defendant's trolley car about one hundred feet away and coming west on Coulter. Two automobiles, plaintiff said, were parked on the south side of Coulter, and one on the north, within the space then intervening between the trolley car and the truck.
At this point plaintiff's testimony, delivered through an interpreter, becomes uncertain and confused. A portion of his direct examination reads:
The most intelligible portions of his cross-examination follow:
When he stated later that the truck had been...
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