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BORISOFF v. PENN FRUIT CO., INC.

165 Pa.Super. 572 (1949)

Borisoff, Appellant, v. Penn Fruit Company, Inc.

Superior Court of Pennsylvania.

November 15, 1949.

Attorney(s) appearing for the Case

John J. Dautrich, for appellant.

George H. Detweiler, with him Robert A. Detweiler, for appellee.

Before RHODES, P.J., DITHRICH, ROSS, ARNOLD and FINE, JJ. (HIRT and RENO, JJ., absent).

OPINION BY ROSS, J., November 15, 1949:

This is an appeal by the plaintiff in a case involving damage to his automobile resulting from an intersection collision with defendant's truck. At the close of plaintiff's testimony, the trial judge entered a compulsory nonsuit which the court en banc refused to take off and this appeal followed.

In Sargeant v. Ayers, 358 Pa. 393, 395, 57 A.2d 881, 883, Mr. Justice JONES stated: "On a question as to the

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