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GAGE v. RIZZO

February 28, 1957

Winant C. GAGE, Charlotte A. Gage, and William Gage, an infant, by Winant C. Gage, his guardian ad litem
v.
Americo F. RIZZO and Harry Angelo



The opinion of the court was delivered by: DUSEN

The trial judge makes the following Findings of Fact and Conclusions of Law:

Findings of Fact

 1. About 1:15 A.M. on July 22, 1951 (a clear, dry night), the plaintiff, Winant C. Gage, was operating the 1950 Pontiac sedan owned jointly by himself and his wife in a northerly direction on Route 202 some two or three miles north of Norristown.

 2. Passengers in the automobile were the wife of the operator, Charlotte A. Gage, who was seated on the front seat, and his son, William Gage, who was seated in the back seat.

 3. Route 202 at and near the scene of the accident was a slightly crowned black-top road divided in the center by a broken white line. It is a two-lane highway, approximately 22 feet in width, with 24-inch shoulders on each side.

 4. Mr. Gage was operating his automobile at a speed of approximately thirty-five miles an hour with his lights on low beam.

 5. As the plaintiff, Mr. Gage, approached the scene of the accident, the road was straightaway and he had visibility of one thousand to fifteen hundred feet up to a point where the road curved.

 6. At the same place and approximately 1:15 A.M. on the same date, the defendant, Americo F. Rizzo, was operating a 1947 G.M.C. Two Ton Stake-Body Truck as an agent of, and in the employment of, his father-in-law, the defendant Harry Angelo, who was the owner of the truck.

 7. The defendant, Americo F. Rizzo, was operating said truck with his lights on in a southerly direction on Route 202, headed towards Norristown.

 8. When the vehicles going in opposite directions were at the point of passing, the truck operated by Americo F. Rizzo crossed over the white line and struck the automobile operated by the plaintiff, Winant C. Gage, which was on its proper side of the highway (Exhibit C-1). The extension of the truck body behind the cab at the left-hand front corner hit the automobile to the rear of the door post at the rear of the left door.

 9. After the impact, the plaintiffs' automobile went off its right-hand side of the road and struck a telephone pole.

 10. The defendant's truck veered back onto its right-hand side of the highway.

 11. Immediately after the accident, there was debris, including dirt and a piece of chrome, on the plaintiffs' right-hand or east side of the highway.

 12. At the scene of the accident, immediately thereafter, there were skid marks commencing on the west side of the highway leading across the center line to the point of impact and then returning again to the west side of Route 202 (N.T. 46, 47, 49, 59, 65, and sketches prepared at the trial by the police officers marked Exhibit P-2).

 13. As a result of the accident, the car owned by the plaintiffs, Winant C. Gage and Charlotte A. Gage, was damaged to the extent of $ ...


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