THERIOT v. PHILA. TRANSPORTATION CO., 413 Pa. 440 (1964)

197 A.2d 729

Theriot v. Philadelphia Transportation Company, Appellant.

Supreme Court of Pennsylvania.November 18, 1963.
January 21, 1964.

Argued November 18, 1963. Before BELL, C. J., MUSMANNO, JONES, COHEN, O’BRIEN and ROBERTS, JJ.

Appeal, No. 128, Jan. T., 1963, from judgment of Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1959, No. 1054, in case of Anna Theriot v.

Page 441

Philadelphia Transportation Company, City of Philadelphia and Norman Newton et ux. Judgment affirmed; reargument refused March 9, 1964.

Trespass for personal injuries. Before GRIFFITHS, J.

Compulsory nonsuits entered in favor of additional defendants and verdict for plaintiff in amount of $12,500 entered against defendant, Philadelphia Transportation Company, motions of defendant, Philadelphia Transportation Company, for judgment non obstante veredicto and for new trial refused and judgment entered on the verdict. Philadelphia Transportation Company appealed.

James D. McCrudden, for appellant.

David Gold, Assistant City Solicitor, with him James L. Stern, Second Deputy City Solicitor, Matthew W. Bullock, Jr., Deputy City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellee.

I. Raymond Kremer, for appellee.

OPINION PER CURIAM, January 21, 1964:

The Court being equally divided, the judgment of the court below is affirmed.