Dissenting Opinion by
Price, J.:The majority opinion has quite adequately and properly reviewed the factual and procedural background of this appeal as well as the cases related to it as they progressed through the lower court. It is my opinion, however, that the majority does not adequately weigh the full thrust of the appellants’ argument at least in its conclusion that the trial court adequately charged as to the applicable provisions of The Vehicle Code. Upon a complete review of the lower court’s charge, and acknowledging that the lower court need not read the sections of The Vehicle Code, I am of the opinion that the charge was not adequate as it pertains to the duties and responsibilities of appellee Eakin. This alone, in my view, would entitle appellants to a new trial.
I further believe that the lower court did not charge properly on the doctrine of contributory negligence as it applied to appellee Eakin. The majority points out that contributory negligence is more properly germane to the action in the lower court wherein Eakin was a plaintiff. This is where I believe the majority fails to perceive the thrust of appellants’ argument. To me, appellant argues that the combination of an invalid and improper charge on negligence plus the improper charge on contributory negligence so prejudiced the appellants’ case before the jury as to make it impossible for the jury to properly consider appellants’ case against Eakin.
*474I agree and, therefore, would award appellants a new trial in their action against Eakin and Caldwell wherein Polimeni is the additional defendant.