OPINION BY MR. JUSTICE ARNOLD, November 8, 1954:
Plaintiff appeals from the order of the court below refusing to take off a compulsory nonsuit entered in an action of trespass. The case arises out of the death of plaintiff's decedent after being struck by defendant's automobile.
The accident occurred on a twenty foot public highway at 10:30 A.M. on a clear, dry day. Decedent had been walking in a northerly direction on the berm and on his left side of the...
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