The opinion of the court was delivered by: WATSON
1. Plaintiffs, Thomas G. McGowan and his wife, Pauline McGowan, are residents of the State of New Jersey.
2. On February 1, 1955 at approximately 1:30 A.M., plaintiff Thomas McGowan was operating his automobile in an easterly direction upon Chestnut Street in Philadelphia, Pennsylvania.
3. At a point several feet west from the intersection of Chestnut Street and 41st Street his vehicle struck the rear of a truck owned by the Post Office Department of the United States of America.
4. At the time of the accident, the weather was clear and the surface of the road in good repair.
5. At the point of the accident, Chestnut Street is about 44 feet in width and traffic movement is restricted to that travelling in an easterly direction.
6. Defendant's truck was equipped with various colored lights, all of which were burning at the time of the collision.
7. In the vicinity of the point of the accident, Chestnut Street is illuminated with street lights, mounted upon steel posts which enable a person with normal vision to observe objects 250 feet distant.
8. At the point of intersection of Chestnut Street and 41st Street traffic movement is controlled by traffic signals.
9. Defendant's driver had stopped his vehicle in compliance with the traffic signal and had just begun to resume his journey when plaintiff Thomas McGowan drove his automobile into the rear of defendant's truck.
10. Plaintiff Thomas G. McGowan failed to operate his vehicle in a safe and prudent manner.
11. Plaintiff Thomas G. McGowan did not attempt to bring his vehicle to a full stop after he observed defendant's truck, but attempted to pass around it.
12. Plaintiff Thomas G. McGowan was negligent in the operation of his vehicle, which negligence was the ...