Gasperoni v. Datt

• Decision Date: 14 April 1941
• Docket Number: 79,80
• Citation: 19 A.2d 376,341 Pa. 448
• Parties: Gasperoni et al. v. Datt, Appellant; Datt, Appellant, v. Gasperoni et al
• Court: Pennsylvania Supreme Court

19 A.2d 376

341 Pa. 448

Gasperoni et al. v. Datt, Appellant;

Datt, Appellant, v. Gasperoni et al

Nos. 79, 80

Supreme Court of Pennsylvania

April 14, 1941

Argued March 31, 1941.

Appeals, Nos. 79 and 80, March T., 1941, from judgments of C.P. Butler Co., March T., 1941, Nos. 113 and 140, from A. D June T., 1940, Nos. 46 and 53, in cases of Mary Gasperoni et al. v. W. P. Datt; and W. P. Datt v. Mary Gasperoni et al.Judgments affirmed.

Actions in trespass for wrongful death and for personal injuries.Before WILSON, P.J.

The opinion of the Supreme Court states the facts.

Verdicts for plaintiff in action for wrongful death in sum of $6,000 and for defendant in action for personal injuries and judgments entered thereon.Defendant(Appeal, No. 79) and plaintiff(Appeal, No. 80) appealed.

Error assigned, among others, in Appeal, No. 79, was refusal of judgment n.o.v.

Error assigned in Appeal, No. 80, was refusal of new trial.

Judgments affirmed.

Lee C McCandless, of Marshall & McCandless, for appellant.

James A. Chambers, of Chambers & Chambers, with him Brandon & Brandon, for appellee.

Before SCHAFFER, C.J., MAXEY, DREW, LINN, STERN, PATTERSON and PARKER, JJ.

OPINION

PER CURIAM:

These appeals involve cross-actions in trespass arising out of a right-angle collision of a coal truck, loaded with seven tons of coal, being operated by Sam Gasperoni, who died at the scene of the accident, in a westwardly direction on the north side of Franklin Street, in the Borough of Slippery Rock, and a passenger automobile, being driven by W. P. Datt in a northerly direction on the eastern side of Main Street, within the intersection of Franklin and Main Streets, on Sunday morning, January 7, 1940.The two actions, one by Gasperoni's administratrix, Mary Gasperoni, against Datt, and the other by Datt against Mary Gasperoni, administratrix, were tried together before the court below and a jury, resulting in a verdict in the sum of $6000 for the plaintiff in the former and a verdict for the defendant in the latter.Datt filed a motion for judgment n.o.v. in the action against him and moved for a new trial in each case, all of which motions were refused and judgments were entered in accordance with the verdicts.These appeals followed.

It is fairly to be deduced from the evidence, which consisted principally of the testimony of an eyewitness, one Dight, who testified that he observed the Gasperoni truck when it was within 300 or 400 feet of the intersection and observed the Datt car when it was about 75 feet away, but did not observe the truck again "until they were even with each other and my eyes sighted what took in both of them", that the truck and the car approached the intersection at approximately the same time, at approximately the same moderate rate of speed, and that each of the drivers had an unobstructed view of the vehicle of the other for a considerable distance as it proceeded...