185 A. 300 | Pa. | 1936
Argued March 25, 1936. This appeal presents the usual right-angle collision at a public crossing with motions for judgment n. o. v. and a new trial. The evidence as it relates to the legal questions involved will be reviewed in the course of the opinion.
Under the Act of April 22, 1905, P. L. 286, the court cannot enter judgment n. o. v. where the evidence is conflicting on a material fact, or where any other reason exists precluding a binding direction: Dalmas v. Kemble,
Appellant contends the evidence shows the deceased guilty of contributory negligence as a matter of law, and that this is established by incontrovertible physical facts. For this he relies upon the speed of deceased's car and the position of the cars immediately preceding and following the collision, as established by oral evidence. We have frequently held that incontrovertible physical facts are never established by oral evidence as to position, speed, etc., of movable objects:Hegarty v. Berger,
We cannot agree that "the logical and only consistent conclusion is that the deceased must have been traveling between 40 and 60 miles per hour" at the time he crossed the intersection. The record fails to bring to light any evidence conclusively rebutting the presumption that deceased exercised due care: Morin v. Kreidt,
When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left must yield the right of way to the vehicle on the right, unless this right of way is forfeited by traveling at an unlawful speed. See Act of May 1, 1929, P. L. 905, section 1013, as amended by Act of June 22, 1931, P. L. 751, section 2;Gray v. Ohio Grease Co.,
In support of the motion for a new trial, it is urged that the verdict was against the weight of the evidence. The motion was addressed to the sound discretion of the *252 court below. Our examination of the entire record convinces us the court did not abuse its discretion in refusing to grant a new trial. We do not reverse an order granting or refusing a new trial unless palpable abuse of discretion appears.
Appellant argues the court erred in refusing to charge as follows: "An automobile approaching an intersection in a residential section from the right of another oncoming car, forfeits any right of way that he may have to the intersection, if he is traveling at a speed of more than twenty (20) miles per hour within fifty (50) feet from the intersection, when he does not have a clear and uninterrupted view of such intersection and of the traffic upon all the highways entering such intersection for a distance of two hundred (200) feet of such intersection." This point is based directly on the act of assembly amended June 22, 1931, P. L. 751, section 1013. The trial court agreed that the request was true as an abstract principle of law, but held that it did not apply to this case since the place where the accident occurred was not a residence district within the meaning of the Act of May 1, 1929, P. L. 905, article I, section 102, defining it as follows: "The territory contiguous to a highway, not comprising a business district, when the frontage on such highway for a distance of three hundred (300) feet or more is closely built up with dwellings, or by dwellings and buildings in use for business." The record discloses nothing to indicate that the territory contiguous to the highways intersecting at the point where the collision occurred constituted a residential district within the statutory definition. Appellant's exhibits preclude any such finding. The court should not instruct a jury as to a matter that has no support in the evidence, especially where such instruction merely confuses the issue.
As a final reason for a new trial, appellant alleges misconduct, partiality and prejudice on the part of a trial juror. During a recess in the trial a witness for defendant testified that a juror had stated to him "that she *253
[plaintiff] won't need to worry, that we are going to take care of her in this case." Had the juror admitted that he had made such statement, or had the trial judge found it as a fact, it would have exhibited a bias and prejudgment rendering necessary a new trial. In Schankweiler v. Pa. Light Co.,
Discussions for and against the abolition of trial by jury have been waged since the beginning of this century, and defects have been shown to inhere in the system. So far no plan has been developed to take its place that will meet public approval, and so long as the Constitution provides for a jury as the fact-finding medium, our efforts must be directed to keep this part of our judicial system above reproach. The jury's efficiency and integrity must be maintained on the highest plane if we are to prevent its forced abandonment and the embarking upon an unchartered course of experimentation with *254 other untried methods. It is the duty of jurors to so act that their conduct will not bring the administration of justice into disrepute and to perform with fidelity their duties as fact finders in accordance with the evidence presented, uncorrupted by external influences, and free of all bias and prejudgment, especially that arising from sympathy.
To this end safeguards must be thrown about jurors in the exercise of their duties so that they may perform them without hindrance from any source. As was stated by Justice BROWN inMix v. North American Co.,
There is much that the jurors should know to preserve the integrity of trial by jury as guaranteed by the Constitution. To those acquainted with our judicial system these principles and the rules to promote it are well known. But jurors, their employment being temporary and their prior acquaintance with the system being but casual, are often unacquainted with the solemnity of their duties and have not a full comprehension of their scope. Wherever and whenever possible, therefore, the judges of the lower courts should fully instruct them as to the measure of their obligations and responsibilities, especially that of speaking to or permitting any one to speak to them about the case on trial, and should point out that not only is the violation of these duties immoral *255
and dishonest, but that disregard of the court's injunctions will be met with punishment. As stated in McKahan v. Baltimore Ohio R. R. Co.,
Fortunately the accusation in this case was without foundation. The court below found that "nothing was developed or proven to sustain this reason for granting a new trial." This finding of fact precludes any action on our part since it is supported by the evidence.
Judgment affirmed.