DUDA v. CAROTHERS


379 Pa. 248 (1954)

Duda, Admrx., Appellant, v. Carothers.

Supreme Court of Pennsylvania.

November 8, 1954.


Attorney(s) appearing for the Case

Alexander J. Bielski, for appellant.

John A. Robb, with him Van Der Voort, Royston, Robb & Leonard, for appellee.

Before STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.


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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