Troncatti v. Smereczniak

428 Pa. 7 (1967)

Troncatti, Appellant,

v.

Smereczniak.

Supreme Court of Pennsylvania.

Argued October 2, 1967.

November 28, 1967.

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

Paul A. Simmons, with him John W. McIlvaine, and Tempest & Simmons, for appellant.

G.H. Weaver, with him Lisle A. Zehner and August L. Sismondo, for appellees.

OPINION BY MR. JUSTICE EAGEN, November 28, 1967:

The plaintiff, Vincent P. Troncatti, while working as a flagman on the highway for the Pennsylvania Department of Highways, was struck and injured by an automobile operated by the defendant. He…