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PASCALE v. SIMMONS

406 Pa. 476 (1962)

Pascale, Appellant, v. Simmons, Appellant.

Supreme Court of Pennsylvania.

March 13, 1962.

Attorney(s) appearing for the Case

William C. Archbold, Jr., with him Kearns, Archbold and Maffei, for plaintiff.

Bernard P. Carey, Jr., with him James A. McGoldrick, and Johnson, Fox, McGoldrick & Prescott, for defendants.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE MUSMANNO, March 13, 1962:

On July 3, 1958, Vincent Pascale was sitting in his Pontiac automobile on Edgemont Avenue in Parkside, Delaware County, waiting for a truck (pick-up International) ahead of him to move forward as it in turn waited for a station wagon preceding it to enter into a parking lot off Edgemont Avenue. While this was transpiring a truck (Ford flatbed) operated by Charles Simmons for the Fizzano Brothers violently struck Pascale...

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