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HAINES v. DULANEY (03/14/67)

decided: March 14, 1967.

HAINES, APPELLANT,
v.
DULANEY



Appeal from judgment of Court of Common Pleas of Greene County, June T., 1963, No. 151, in case of Geraldine Roberts Haines, now deceased, by Victor F. Haines, administrator of estate of Geraldine Roberts Haines, deceased, and Victor F. Haines v. Harold Dulaney, C. S. Yoder, Joseph Dursa et al.

COUNSEL

W. Robert Thompson, with him Robert M. Keener, and Thompson and Baily, and Sayers, King & Keener, for appellants.

Stephen D. Marriner, with him John I. Hook, Jr., A. J. Marion, R. Wallace Maxwell, Ewing B. Pollock, and Pollock, Pollock & Thomas, and Hook and Hook, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice O'Brien. Mr. Justice Musmanno dissents.

Author: O'brien

[ 424 Pa. Page 609]

Geraldine Roberts Haines, while operating her automobile in a southwesterly direction on the New Freeport Road, came into collision with a truck.

Harold Dulaney was awarded a contract by the Pennsylvania Department of Highways, to build a new bridge and approaches to the road. Dulaney sub-contracted

[ 424 Pa. Page 610]

    the stone basing and blacktopping for the approaches to defendant, C. S. Yoder. Yoder contracted with the defendant, Joseph Dursa, to haul amiesite to the job site. Dursa contracted with defendant, Lawrence Hinckle, who furnished a dump truck which was operated on the day of the accident by defendant, Riley Crawford Harn.

On the day of the accident, employees of C. S. Yoder had placed amiesite in a trench across the road, and three to five men were raking the blacktop at the time appellant approached on the New Freeport Road from Jollytown. Defendant Harn had parked his truck on the road, waiting for the blacktopping equipment to be moved into position. The greater portion of the truck was parked on the berm to appellant's left.

Defendant Donald A. Pinelli's truck, driven by Charles Roy Dean, was proceeding toward Jollytown on the New Freeport Road, and because the trench was being covered with blacktop, it was necessary for him to stop his truck alongside the Hinckle truck. The two trucks thus occupied virtually all of the 15-foot wide surface of the road, leaving no room for any other vehicle to proceed. Mrs. Haines approached this scene around a sharp curve to her right, on New Freeport Road. This curve, together with the topography of the road, renders it impossible for motorists traversing the curve in either direction to determine what is on the other side of the curve until they are well within the curve. Mrs. Haines testified that when she came around the curve at a speed of approximately 30 m.p.h. and came upon the trucks parked on the highway, she panicked and ran into the Hinckle truck, thereby sustaining personal injuries and property damage. She and her husband, Victor F. Haines, filed a suit against the various defendants to recover damages.*fn1

[ 424 Pa. Page 611]

At the conclusion of plaintiffs' case, the trial court granted defendants' motion for compulsory non-suit. Plaintiffs' motion to take off the ...


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