Citation Numbers: 166 A. 852, 311 Pa. 550
Judges: PER CURIAM, May 22, 1933:
Filed Date: 4/21/1933
Status: Precedential
Modified Date: 1/13/2023
Argued April 21, 1933. Defendant appeals from refusal of her motions for judgment non obstante veredicto and new trial in an action *Page 552 against her as administratrix of the estate of George V. Carter, for damages for personal injuries sustained by plaintiff in an automobile accident in which defendant's decedent, the driver of the car, was killed. The automobile was of the cabriolet type, practically new, having run but 1,800 miles. Plaintiff was riding on the front seat with decedent; decedent's brother and his wife were in the rumble seat. The party were returning home from a trip to Shenandoah, Schuylkill County, at about three a. m., on a clear, moonlit night, over a dry cement road, sixteen feet wide, in good condition, and, at the place of the accident, straight. The headlights of the automobile were burning, the speed was not more than thirty miles an hour, and there was no other traffic on the road at the moment. Without warning, the car swerved and left the road on the right-hand side and struck a tree seven and three-tenths feet from the edge of the concrete and up an 18-inch rise. The machine was demolished, the driver so seriously injured that he died twelve hours later, and plaintiff suffered severe permanent injuries. There is no dispute about the facts, no complaint was made of decedent's driving before the time of the accident, and no evidence offered in explanation of the car's suddenly leaving the road.
The court below, in refusing defendant's motions for a new trial and judgment n. o. v., cited Knox v. Simmerman,
The undisputed facts as narrated above made out a prima facie case, which could only be overcome by exculpatory testimony, and this the record fails to establish. Under all the circumstances, we find no cause for reversal.
All assignments of error are overruled, and the judgment is affirmed.
Shafer v. Lacock, Hawthorn & Co. , 168 Pa. 497 ( 1895 )
Knox v. Simmerman , 301 Pa. 1 ( 1930 )
Durning v. Hyman , 286 Pa. 376 ( 1926 )
Lesick v. Proctor. , 300 Pa. 347 ( 1930 )
Latella v. Breyer Co. , 87 Pa. Super. 325 ( 1925 )
Sierocinski v. E. I. Du Pont De Nemours & Co. , 118 F.2d 531 ( 1941 )
Sutfin, Admr. v. Burton , 91 Ohio App. 177 ( 1951 )
Powell v. Risser , 375 Pa. 60 ( 1953 )
Balla v. Sladek , 381 Pa. 85 ( 1955 )
Kotal v. Goldberg , 375 Pa. 397 ( 1953 )
Bender v. Welsh , 344 Pa. 392 ( 1942 )
Fay v. 900 North 63d St. Corp. , 137 Pa. Super. 496 ( 1939 )
Brewer Et Ux. v. Brodhead , 341 Pa. 384 ( 1941 )
Ammon v. Horn Hardart Baking Co. , 321 Pa. 49 ( 1936 )
Vescio v. Pennsylvania Electric Co. , 336 Pa. 502 ( 1939 )
Ravis v. Shehulskie , 339 Pa. 161 ( 1940 )
Martin v. Marateck , 345 Pa. 103 ( 1942 )
Schulz v. Reading Transp. Co. , 354 Pa. 373 ( 1946 )
O'Hagan v. Byron , 153 Pa. Super. 372 ( 1943 )
Bechtel v. Franklin Trust Co. , 120 Pa. Super. 587 ( 1935 )
Reese v. Herr , 134 Pa. Super. 34 ( 1938 )
Dillon v. Wm. S. Scull Co. , 164 Pa. Super. 365 ( 1948 )
Swalina v. Pisalski , 129 Pa. Super. 51 ( 1937 )
Morgan, Admx. v. Peters , 148 Pa. Super. 88 ( 1941 )