FERNE, ADMRX. v. CHADDERTON et al.


363 Pa. 191 (1949)

Ferne, Admrx., v. Chadderton et al., Appellants.

Supreme Court of Pennsylvania.

November 14, 1949.


Attorney(s) appearing for the Case

Carroll Caruthers, with him Ben H. Marks, for appellants.

D.J. Snyder, Jr., with him William T. Dom, 3rd, Fred B. Trescher and Kunkle & Trescher, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE HORACE STERN, November 14, 1949:

Because of the incongruous and wholly irregular verdicts awarded by the jury in this case a new trial must be granted.

A tractor, to which was attached a trailer-truck heavily loaded with pipe, was traveling in a southerly direction uphill on a two-lane black-top road near Freeport in Westmoreland County at about six to seven o'clock of a January night. The highway, due to a covering of snow and ice,...

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