The opinion of the court was delivered by: FOLLMER
1. At the time of the institution of this action plaintiff was a citizen of the State of Maryland; defendant and third-party plaintiff, Jason A. Martin, for whom defendant, Lloyd K. Martin, Administrator, was substituted after the death of Jason A. Martin on March 31, 1962, was a citizen of the Commonwealth of Pennsylvania; and third-party defendant and counterclaimant, Carl C. Stalcup, was a citizen of the District of Columbia.
2. On July 7, 1960 at approximately 6:00 o'clock P.M. (E.D.S.T.), plaintiff was a passenger in the right front seat of the 1955 Chevrolet automobile which at that time was owned and operated by Carl C. Stalcup, third-party defendant.
3. Immediately preceding the accident Stalcup was operating his automobile in a northerly direction on U.S. Route 11 at a point approximately two and one-half miles north of Greencastle, Pennsylvania.
4. Immediately preceding the accident Jason A. Martin was operating a 1955 Ford Thunderbird in a southerly direction on U.S. Route 11 at a point approximately two and one-half miles north of Greencastle, Pennsylvania.
5. On July 7, 1960 at approximately 6:00 o'clock P.M. (E.D.S.T.), an automobile accident occurred involving the aforesaid Chevrolet and Thunderbird on U.S. Route 11 in the area described in Paragraphs 3 and 4 supra.
6. On the west side of the highway at the point hereinabove described is the Castle Motel which is served by semicircular driveway which enters the western side of U.S. Route 11 at two places.
7. At the point in question U.S. Route 11 is a three lane concrete highway running north and south, each lane being eleven feet in width.
8. At the time and place aforesaid, the day was light and clear and the road surface was dry.
9. At the point in question the posted speed limit for passenger vehicles was 50 miles per hour.
10. As Stalcup approached a point on the highway opposite the Castle Motel he made a left turn from the northbound lane across the center and southbound lanes intending to enter the northernmost of the driveways to the motel.
11. The impact, which was between the front of the Martin Thunderbird and the Stalcup Chevrolet, occurred almost immediately after Stalcup turned to his left and was in the southbound (Martin's) traffic lane approximately 7 feet east of the western edge of the highway and at the northern entrance to the motel.
12. Mrs. D. E. Brakefield was operating a car in a northerly direction on U.S. Route 11 immediately behind Stalcup and was almost even with the scene of the accident and just about opposite the ...