Chianese v. Heintz

Brown, J.,

This matter is before the court en banc on defendant's motion for judgment on the pleadings, on a plea of res judicata.

At the outset we point out that judgment on the pleadings should be entered only in clear cases, and where there are no facts in dispute: Wood v. Collingdale Borough, 366 Pa. 624.

Plaintiff’s complaint avers that on or about August 24, 1960, at or about 11:20 P.M. in North Huntingdon Township, Westmoreland County, Pa., she was operating her automobile along Route 30, when defendant, operating a vehicle, crossed over into the passing lane immediately in front of…