May 2, 1961
Appeals, Nos. 84 and 85, March T., 1961, from order of Superior Court, March T., 1960, Nos. 224 and 225, affirming judgments (except new trial granted in one action) of Court of Common Pleas of Allegheny County, Oct. T., 1955, Nos. 2486 and 2487, in cases of Doris J. Rago et vir v. Ralph S. Nelson and Doris Rago, and Ruth Rago et vir v. Same. Order affirmed in part and reversed in part.
Edward O. Spotts, with him James P. Gill, for appellants.
Thomas F. Weis, with him Weis & Weis, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
[ 404 Pa. Page 92]
OPINION PER CURIAM.
The charge of the trial court in this case was erroneous in that it failed to properly and adequately instruct the jury on the following subjects (inter alia): contributory negligence, assured clear distance rule, duties of motorists at intersections and at stop signs, damages.
Mr. Justice BELL dissents, and would affirm the orders of the Superior Court.
The Superior Court has already ordered a new trial in the action by Mark Rago against Ralph S. Nelson and Doris J. Rago as additional defendant for the damage to Rago's automobile. That part of the Superior Court's order is affirmed. Otherwise it is reversed and a new trial generally is ordered for all parties and all actions involved.
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