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ALLEGA v. EASTERN MOTOR EXPRESS CO. (05/24/54)

May 24, 1954

ALLEGA, APPELLANT,
v.
EASTERN MOTOR EXPRESS CO., INC.



Appeals, Nos. 102, 105 and 106, March T., 1954, from orders of Court of Common Pleas of Allegheny County, April T., 1952, No. 1254, and Jan. T., 1952, No. 466, in cases of Angelo Allega v. Eastern Motor Express Co., Inc., Zurcher Truck Lines and Marion Cale; Angelo Allega, Admr., Estate of Francesco Allega, deceased, etc., v. Same; and Arthur Allega v. Same. Orders affirmed. Actions of trespass for personal injuries and wrongful death. Before MARSHALL, J. Compulsory non-suit entered as to plaintiff, Angelo Allega, in the one case, and plaintiff's motion to take off non-suit refused; verdicts, in other cases, for passenger plaintiffs and against defendants, Motor Express Company and Cale, in the sum of $3975 for estate of F. Allega, in sum of $975 for estate of Josephine Allega, and in the sum of $557 for Arthur Allega; non-suit entered as to defendant Truck Lines; motion by original defendant, for new trial as to Angelo Allega, additional defendant allowed. Plaintiff, and additional defendant, respectively, appealed.

COUNSEL

V. J. Rich and Randall J. McConnell, Jr., with them Samuel J. Margiotti, Margiotti & Casey, Dickie, McCamey, Chilcote, Reif & Robinson, for Angelo Allega.

Bruce R. Martin, with him Dalzell, Pringle, Bredin & Martin, for Eastern Motor Express Co. et al.

Before Stern, C.j., Stearne, Jones, Bell, Musmanno and Arnold, JJ.

Author: Arnold

[ 378 Pa. Page 2]

OPINION BY MR. JUSTICE ARNOLD

These trespass actions arise out of a right angle collision between the automobile owned and driven by appellant and a tractor trailer driven by appellee, Cale, as the employe of appellee, Eastern Motor Express Co., Inc. A verdict as to the other defendant, Zurcher Truck Lines, Inc., was entered because of failure to prove agency.

Appellant had as passengers his parents, who were killed, and his brother, who was injured. In one action, appellant sued for his own damages, and in another used as administrator of his parents' estates. His brother also sued for personal injuries. In the actions

[ 378 Pa. Page 3]

    by the brother and the administrator, appellant was made an additional defendant.

For these appeals the pertinent facts are: Allegheny and Western Avenues in the city of Pittsburgh intersect at right angles, the intersection being controlled by traffic lights which at the time of the accident were blinking red for Western Avenue traffic and yellow for Allegheny Avenue traffic. Thus, vehicles on Western Avenue were obliged to come to a stop before proceeding into the intersection and those on Allegheny Avenue could proceed without stopping but "with caution." Appellant was driving on Allegheny Avenue, and when 20 or 25 feet from the nearest curb line of the intersection he saw appellees' trailer some 75 feet from the intersection, approaching from his right on Western Avenue at a speed of 30 to 35 miles per hour. At this point appellant reduced his speed to 10 miles per hour, assumed that appellee would stop, and proceeded into the intersection without again looking to his right or paying any further heed to the actions of the trailer. The trailer continued into the intersection and struck appellant's automobile at about the middle of the intersection.

The court entered a compulsory non-suit in appellant's individual action because of his contributory negligence, but left to the jury the question of his liability as additional defendant in the other actions; that is, the jury was allowed to determine whether appellant's negligence was a substantial ...


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