Pascale v. Simmons

406 Pa. 476 (1962)

Pascale, Appellant,

v.

Simmons, Appellant.

Supreme Court of Pennsylvania.

Argued January 12, 1962.

March 13, 1962.

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

William C. Archbold, Jr., with him Kearns, Archbold and Maffei, for plaintiff.

Bernard P. Carey, Jr., with him James A. McGoldrick, and Johnson, Fox, McGoldrick & Prescott, for defendants.

OPINION BY MR. JUSTICE MUSMANNO, March 13, 1962:

On July 3, 1958, Vincent Pascale was sitting in his Pontiac automobile on Edgemont Avenue in Parkside, Delaware County, waiting for a truck (pick-up International) ahead of…