Lochetta v. Cunningham Cab Co., Inc.

Opinion by

Keller, J.,

We are obliged to sustain the fifth and sixth assignments of error and send this case back for another trial, because of the court’s instructions to the jury as to which of two motor vehicles approaching a street intersection at right angles has the right of way.

The Act of June 30, 1919, P. L. 678, 695, re-enacted in 1925, P. L. 279, provides, “"When two vehicles approach the intersection of two public highways at the same time, the vehicle approaching from the right shall have the right of way.” This was construed in Weber v. Greenebaum, 270 Pa. 382, 385, to mean: “That,…