LAYMAN v. GEARHART


389 Pa. 187 (1957)

Layman, Appellant, v. Gearhart.

Supreme Court of Pennsylvania.

May 29, 1957.


Attorney(s) appearing for the Case

Anthony Cavalcante, for appellants.

David E. Cohen, with him Joseph W. Ray, Jr. and Ray, Coldren & Buck, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE BENJAMIN R. JONES, May 29, 1957:

These appeals are from the refusal of the court below to take off a nonsuit entered in a trespass action instituted for the recovery of damages for injuries sustained by a minor-pedestrian when struck by an automobile.

At approximately two o'clock in the afternoon of December 8, 1951 — a clear day — appellee was driving his automobile in an easterly direction on a macadam state highway which...

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