Summary of Commonwealth v. Root, Supreme Court of Pennsylvania (1961)

Defendant: Root; the defendant accepted the deceased’s challenge to an auto race. While the two were racing at high rates of speed, well over the legal speed limit, the deceased went on the wrong side of the road in an attempt to pass the defendant and he got in an head-on collission with a truck. In the trial court, the defendant was held directly responsible for the death of the deceased.

Issue: Was the defendant the direct cause of the death of the deceased?

Holding: No

Legal Reasoning: The deceased voluntarily decided to race the defendant and he voluntarily drove on the wrong side of the road in order to beat the defendant. The defendant did not force these actions upon the deceased and the deceased’s death was the result of his own reckless actions. The decision of the trial court was reversed.

Dissent: It was the defendant whose reckless actions caused the deceased to drive on the wrong side of the road. It was foreseeable to the defendant that his actions could result in death or serious injury and the fact that he still chose to race makes him guilty of the death of the deceased.