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KOLB v. HESS. KULP V. HESS (04/03/74)

decided: April 3, 1974.

KOLB, APPELLANT,
v.
HESS. KULP V. HESS, ET AL., APPELLANT



Appeals from judgments of Court of Common Pleas of Montgomery County, Nos. 70-05972 and 69-15831, in cases of Joseph M. Kolb v. LeRoy Hess, and Raymond C. Kulp v. LeRoy Hess, Defendant, and Joseph M. Kolb, Additional Defendant.

COUNSEL

Sherwood L. Yergey, with him Kranzley, Wrigley, Yergey and Daylor, for appellant, at No. 211.

Joseph P. Phelps, Jr., with him Koch, Phelps and Salus, for appellant, at Nos. 104 and 105, and additional defendant at No. 249.

Stewart J. Greenleaf, with him William R. Cooper, for appellant at No. 249.

Gilbert R. Lewis, with him Santangelo, Lewis & Mescolotto, for appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Cercone, and Spaeth, JJ. (Watkins, J., absent December 7, 1973, and Spaulding, J., absent December 3 and 7, 1973). Opinion by Jacobs, J.

Author: Jacobs

[ 227 Pa. Super. Page 604]

As the result of a head-on collision between two pickup trucks in Montgomery County, on September

[ 227 Pa. Super. Page 6058]

, 1969, two negligence actions developed. The actions were consolidated for trial and form the subject matter of the present appeals.

In one action, the driver of one of the trucks, Joseph M. Kolb, sued the driver of the other vehicle, LeRoy Hess. In the second action, a passenger in Kolb's vehicle, Raymond C. Kulp,*fn1 sued Hess, the driver of the other vehicle; and Kolb was joined as an additional defendant.

In the first action, a jury returned a verdict in favor of the defendant, LeRoy Hess. From judgment entered on the verdict, plaintiff Kolb has appealed. In the second action, the jury returned a verdict in favor of the plaintiff, Raymond C. Kulp, against the original defendant, LeRoy Hess, and the additional defendant, Joseph M. Kolb, in the amount of $37,678. From judgment entered on that verdict, both plaintiff Kulp and additional defendant Kolb have appealed.

Prior to an examination of the issues raised by appellants, a brief summary of certain evidence presented at trial will be helpful. Joseph Kolb testified that at about 7:15 or 7:30 a.m. on September 8, 1969, under daylight conditions, he was driving his pickup truck in a southerly direction, at 25 miles per hour or less, on North Keim Street, Montgomery County, with Raymond Kulp as a passenger. At a point perhaps 50 feet distant, he saw defendant's truck approaching, straddling the center line of the road, according to his testimony. He stated that in spite of his attempt to stop and in spite of his having pulled as far to the ...


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