48 A.2d 209 | Pa. | 1946
Argued May 27, 1946. These appeals are from the refusal of defendants' motions for judgment on the record after disagreement of the jury: Act of April 20, 1911, P. L. 70, 12 P.S. 684. Judge WOODSIDE'S opinion, reported in 56 Dauphin County Reports 384, adequately disposes of the motions for judgment. *36
The plaintiff, in his employer's truck driven by another employee, was injured when the truck collided with a parked truck belonging to the defendant, the City of Harrisburg, in charge of Gardner, the other defendant. The truck was parked in a "No Parking" zone. An ordinance prohibited parking in this zone. Parking* is defined in the Motor Vehicle Code, Act of May 1, 1929, P. L. 905, as amended, 75 P.S. 2, and is regulated by sections 1019 (a), 1020, 75 P.S. 611, 612. See also Stuckwishv. Hagan Corp.,
The defendants contend that the parking was for a purpose allowed by the statute or excepted from its general prohibition. A party claiming such exception or immunity from a general prohibition must bring himself within it; the defendants therefore had the burden of satisfying the jury that the parking was such as was allowed by the statute: cf.Mashinsky v. Philadelphia,
It was also suggested that the parking, if unlawful, was not the proximate cause of the accident, that the conduct of the driver of the truck in which the plaintiff was riding was an independent act of negligence constituting the legal cause of plaintiff's injury: see Kline v. Moyer,
Orders affirmed.
