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MANNING v. YOKAS. (05/29/57)

May 29, 1957

MANNING, APPELLANT,
v.
YOKAS.



Appeal, No. 2, Jan. T., 1957, from judgment of Court of Common Pleas of Delaware County, March T., 1952, No. 1464, in case of Dan Manning and Jean H. Manning v. Dominic Yokas, also known as Dominik Yokis, and Stanley Kordowski. Judgments reversed.

COUNSEL

Francis L. Zarrilli, for appellants.

Joseph W. deFuria, with him Thomas A. Curran, deFuria, Larkin & deFuria and Chadwick, Curran, Petrikin & Smithers, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

Author: Musmanno

[ 389 Pa. Page 137]

OPINION BY MR. JUSTICE MUSMANNO

On May 20, 1950, at about 11:45 p.m., Dan Manning and his wife, Jean H. Manning, were driving westwardly on Chester Pike, a 6-lane highway, in Delaware County when Stanley Kordowski, 16 years of age, was heading eastwardly on the same thoroughfare. At a point in the borough of Norwood, the minor Kordowski

[ 389 Pa. Page 138]

    left his side of the road, crossed over the center line and crashed head-on into the Manning automobile then in the center lane of westbound traffic, demolishing the Manning car and inflicting injury on its occupants.

Prior to the accident Kordowski had been drinking - at the Banshee Hotel in Ridley Park - intoxicating beverages to such an extent that when he departed from the hotel he left sobriety behind. While thus under the influence of alcohol he got into his automobile and drove out into the highway. He had travelled only 8 or 9 blocks when he encountered and smashed the Manning Car.

In bringing their damage suit against Kordowski the plaintiffs joined Dominic Yokas, proprietor of the Banshee Hotel, charging him equally with Kordowski for the negligence which caused the losses of which they complained. The joinder of Yokas in the action was predicated on the Act of May 8, 1854, P.L. 663, which provides, inter alia: "Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That wilfully furnishing intoxicating drinks by sale, gift or otherwise to any person of known intemperate habits, to a minor, or to an insane person for use as a beverage shall be held and deemed a misdemeanor. ... (Section 1).

"That any person furnishing intoxicating drinks to any other person in violation of any existing law, or of the provisions of this act shall be held civilly responsible for any injury to person or property in consequence of such furnishing, and any one aggrieved may recover full damages against such ...


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