McGlinchey v. Steigerwald

Citations

• 73 Pa. Super. 520
• 1920 Pa. Super. LEXIS 53

Syllabus

<p>Negligence — Automobiles—Bight-angle collision.</p> <p>Where two vehicles are approaching a crossing the one first reaching the crossing has the right of way, and it is the duty of the other to allow the first vehicle a reasonable opportunity to pass.</p> <p>Practice, C. P. — Practice Act of May 11, 1915, P. L. 183 (Practice Act).</p> <p>Under the provisions of section 6 of the Practice Act of 1915, every allegation of fact in the plaintiff’s statement, both in actions of trespass and assumpsit, are to be taken as admitted unless denied specifically or by necessary implication.</p> <p>Under the provisions of section 13 in actions of trespass the averments as to the agency or employment of the person by whom the act was committed, or the ownership or possession of the vehicle, machinery, property or instrumentality involved, and all similar averments, if not denied, shall he taken to he admitted in accordance with the provisions of section 6; the averments of the other facts on which the plaintiff relies to establish liability, and averments relating to damages claimed, need not he denied.</p> <p>Under the provisions of section 6 and section 13, taken together, all facts alleged by the plaintiff must be traversed by the defendant, except such as show his negligence or prove the damages.</p> <p>In an action of trespass for damages sustained in a collision of an automobile, the plaintiff was not required to prove ownership of the automobile. Having alleged it in his statement, and the defendant having failed to deny it, the ownership of the vehicle must he regarded as having been admitted.</p>