Appeal, No. 48, April T., 1956, from order of Court of Quarter Sessions of Greene County, Dec. T., 1955, No. 40, in case of Commonwealth of Pennsylvania v. Martin Gugliotta. Order reversed.
Glenn R. Toothman, Jr., for appellant.
No argument was made nor brief submitted for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.
[ 181 Pa. Super. Page 182]
On October 12, 1955, Martin Gugliotta was arrested on the charge of unlawfully operating a motor vehicle in the Borough of Waynesburg, Pennsylvania. He
[ 181 Pa. Super. Page 183]
waived a hearing before the burgess. The case thereupon was transferred to the Court of Quarter Sessions of Greene County and, after a hearing, the defendant was discharged. The petition of the Commonwealth for reargument having been refused by the court below, this appeal by the Commonwealth followed.
The facts, which are not in dispute, disclose that Gugliotta, the defendant, was operating a school bus containing approximately 60 pupils and an instructor and was proceeding west on High Street in the Borough of Waynesburg. He had followed a car operated by George Shultz from East Waynesburg to the stop light at High and Morgan Streets. After proceeding past the stop light, the defendant passed the car driven by Shultz in or near the intersection of High and Church Streets. In the opinion of the lower court it is stated: "The testimony shows that the paved portion of High Street is approximately thirty feet in width, and that parking is allowed on each side of said street, leaving two lanes open for traffic going east or west thereon. The alleged offense occurred on Columbus Day, at which time, the testimony shows, there was only one car parked between Church Street and Washington Street, this car being parked on the south side of said highway near the front of the Court house."
The information alleged a violation of subsection (c) of § 1008 of "The Vehicle Code"*fn1 which reads as follows: "(c) The driver of a vehicle shall not overtake or pass any other vehicle, proceeding in the same direction, at any railway grade crossing, nor at any intersection of highways, unless such intersection or crossing is controlled by traffic signal, or unless permitted to do so by a watchman or peace officer, except,
[ 181 Pa. Super. Page 184]
on a highway having two (2) or more lanes for movement of traffic in one direction, the driver of a vehicle may ...