Negligence — Automobiles — Private land — Pedestrian — Contributory negligence — Employe or independent contractor — Hired trucks.
1. In an action of trespass, in which it appeared that while plaintiff was standing in clear view of defendants' driver, at the extreme left of a driveway on his employer's premises, he was struck by defendants' truck, moving on the extreme left, without warning of its approach, it was Held, in the circumstances, that the questions of defendants' negligence and plaintiff's contributory negligence were for the jury. [71-3]
2. In such case, where it appeared that defendants were public carriers, and that plaintiff's employer, the additional defendant, had hired the use of defendants' trucks, paying the posted tariff rates, and did not exercise any control over the manner in which the driver of the trucks operated, it was Held that the court properly directed a verdict for the additional defendant. [75] Appeals — Review — Verdicts — Excessiveness.
3. In this case, a verdict for serious permanent personal injuries, in the amount of $20,350, remitted to $18,000, was Held not to be excessive. [76-7]
Practice — Withdrawal of juror — Witness not available — Circumstances.
4. Where it appeared that a nonresident important witness, who had agreed to testify for defendants, had left the jurisdiction without the knowledge of defendants, just before the trial; that during his presence in the city, upon defendants' persuasion, he had not been put under subpœna and his presence had not been disclosed to plaintiff; that plaintiff had made efforts to have the witness appear; and that there was no written statement of the witness disclosing that his testimony would have been helpful to defendants; it was Held that the trial court did not err in refusing to withdraw a juror. [73-5]
PER CURIAM, November 24, 1947:
All of the alleged errors covered by the appellants' assignments on this appeal were painstakingly considered and correctly disposed of by the learned court en banc. As nothing is to be gained by our reiterating either the facts or the law, the judgment will be affirmed on the opinion of Judge KENNEDY for the court below.
Judgment affirmed.