No. 1687 Oct. Term 1977, APPEAL FROM ORDER OF THE COURT OF COMMON PLEAS, TRIAL DIVISION - LAW, of PHILA. COUNTY, No. 1049, APRIL TERM 1976
Michael J. Pepe, Jr., Philadelphia, for appellant.
Frederick T. Lachat, Jr., Philadelphia, for appellee, Southeastern Pennsylvania Transp. Authority.
Richard R. High, Philadelphia, for appellee, Perry Weiss.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., files an opinion in support of affirmance in which Cercone, President Judge, joins. Van der Voort, J., files an opinion in support of reversal in which Price, J., joins. Jacobs, former President Judge, Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 263 Pa. Super. Page 230]
The four judges who decided this appeal being equally divided, the order is affirmed.
Opinion IN SUPPORT OF AFFIRMANCE
The lower court found that the driver's act of changing his residence did not demonstrate a conspiracy on the part of SEPTA and the driver to delay the action, and on equitable
[ 263 Pa. Super. Page 231]
considerations it granted the petition to open the judgment. The opinion in support of reversal reaches an opposite conclusion. The facts are indeed capable of two such contradictory readings, and I could have voted to affirm the lower court if it had reached the same result as the opinion in support of reversal does. But the lower court did not reach that result, and I cannot adopt the opinion in support of reversal's position that it is proper for this court to find that the lower court abused its discretion in a case where the facts ...