McCLOY v. PENN FRUIT COMPANY


245 Pa.Super. 251 (1976)

369 A.2d 389

Rose McCLOY, Administratrix of the Estate of Samuel McCloy, Deceased, Appellant, v. PENN FRUIT COMPANY.

Superior Court of Pennsylvania.

Decided November 22, 1976.


Attorney(s) appearing for the Case

Andrew F. Napoli, Philadelphia, for appellant.

Dean F. Murtagh, Philadelphia, with him James M. Marsh, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


PRICE, Judge:

The litigation from which this appeal arises began with a multi-vehicle collision occurring on December 20, 1962, in the city of Philadelphia. We must reverse the judgment of the lower court and remand for a new trial.

Testimony at trial established that plaintiff-appellant's decedent was in a line of cars stopped for a red traffic signal at the corner of 28th Street and Passyunk Avenue. Defendant-appellee's employee, driving appellee's truck...

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