Commonwealth v. Root

403 Pa. 571, 170 A.2d 310 (1961)

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Nature of the Case

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Facts

D accepted the deceased's challenge to engage in an automobile race. The race was on a rural 3-lane highway at night. It was clear and dry, and the speed limit on the highway was 50 miles per hour. The two cars were going approximately 90 miles per hour. The road narrowed to two lanes at a bridge. D was in the lead and was proceeding in his right-hand lane of travel. The deceased attempted to pass D's automobile when a truck was closely approaching from the opposite direction. The deceased, swerved his car to the left, crossed the highway's white dividing line and drove his automobile on the wrong side of the highway head-on into the oncoming truck with resultant fatal effect to himself. D was convicted for involuntary manslaughter. On appeal, the conviction was affirmed. The Supreme Court of Pennsylvania reviewed the question of whether D's unlawful conduct sufficiently caused the death to justify a conviction for criminal homicide.