Farbacher v. Frank

Dissenting Opinion by

Spaeth, J.:

I dissent on the ground that the trial judge committed reversible error in refusing to instruct the jury as to the application of §1020 of the Motor Vehicle Code, 75 P.S. §1020, quoted in the opinion of the majority, supra. Whether there was “sufficient roadway . . . available for the appellant to pass” was a question for the jury, aided by this statutory provision.