SILVERII v. KRAMER

Civ. A. No. 22052.

201 F.Supp. 513 (1962)

Louis W. SILVERII, Administrator of the Estate of Dominick J. Mash, Deceased, v. Wilson KRAMER and John W. Price.

United States District Court E. D. Pennsylvania.

January 30, 1962.


Attorney(s) appearing for the Case

Montgomery, McCracken, Walker & Rhoads, by Sidney L. Wickenhaver and Albert Shaw, Jr., Philadelphia, Pa., John D. Lyons, Jr., Greensburg, Pa., for plaintiff.

Howard R. Detweiler, Philadelphia, Pa., for defendants.


WOOD, District Judge.

This is a rear-end collision case in which plaintiff's decedent drove his tractor-trailer squarely into the rear of defendant's coal truck. The accident occurred at approximately 2:30 a.m. on December 3, 1956, on Route 22 in Whitehall Township, about one mile north of Allentown, Pennsylvania. The plaintiff presented evidence which established the following.

Defendant Price, operator of the coal truck, had a flat tire and stopped to fix...

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