Pascale v. Simmons

Opinion by

Me. Justice Musmanno,

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 him to move forward as it in turn waited for a station wagon preceding it to enter into a parking lot off Edgemont Avenue. While this was transpiring a truck (Ford flatbed) operated by Charles Simmons for the Fizzano Brothers violently struck Pascale’s car in the rear. The impact sent Pascale’s car smashing into the rear of the International pickup truck which then was pushed forward until it…