Weed v. Kerr

• Decision Date: 05 January 1965
• Citation: 416 Pa. 233,205 A.2d 858
• Parties: Robert M. WEED v. Homer Martin KERR, Defendant, Appellant, and Dewey G. Corklin, Additional Defendant.
• Court: Pennsylvania Supreme Court

Page 858

205 A.2d 858

416 Pa. 233

Robert M. WEED v. Homer Martin KERR, Defendant, Appellant and Dewey G. Corklin, Additional Defendant.

Supreme Court of Pennsylvania.

Jan. 5, 1965.

R. Charles Thomas, F. Joseph Thomas, Meadville, for appellant.

Paul E. Allen, Stuart A. Culbertson, Meadville, for appellee.

Before BELL, C. J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

PER CURIAM.

Appellee, Robert M. Weed, sustained personal injuries when a motorcycle operated by Dewey G. Corklin, on which Weed was a passenger, came into collision with an automobile operated by appellant, Homer Martin Kerr. Weed commenced an action of trespass against Kerr, who joined Corklin as an additional defendant. A jury trial resulted in a verdict for Weed against Kerr only and, after refusal of Kerr's motions for judgment n. o. v. and new trial ^*, judgment was entered on the verdict of the jury; this appeal followed.

The grant or refusal of a new trial will not be reversed on appeal, absent an abuse of discretion or error of law which controlled the outcome of the case. Chambers v. Montgomery, 411 Pa. 339, 192 A.2d 355 (1963); Nelson v. Barclay Motors, 414 Pa. 633, 202 A.2d 48 (1964); Williams v. Philadelphia Trans. Co., 415 Pa. 370, 203 A.2d 665 (1964); Cinciripini v. Harmony Short Line, Pa., 205 A.2d 860 (1965).

We have examined and considered each of appellant's contentions with regard to alleged trial errors on the questions of liability and rulings on admissibility of evidence. Without specific references thereto, we conclude that the errors alleged do not constitute, individually or cumulatively, an abuse of discretion or error of law which controlled the outcome of the case.

The court below did not err in refusing appellant's motion for compulsory non-suit at the close of appellee's case. It is well established that a non-suit may properly be entered only in a clear case. Miller v. McMinn's Industries, 410 Pa. 234, 188 A.2d 738 (1963), and cases cited therein. Such a clear case is not established by the instant record. The questions of negligence and contributory negligence in this intersection accident were clearly for the jury and were properly submitted to it for its resolution.

Nor did the complained of rulings on evidence constitute the abuse or error which we must find to justify a reversal. Each matter was within the discretion of the trial court and decided within the framework of proper control of trial procedures by that court....