AUEL v. WHITE


389 Pa. 208 (1957)

Auel, Appellant, v. White.

Supreme Court of Pennsylvania.

May 27, 1957.


Attorney(s) appearing for the Case

William J. Krzton, with him W. James Aiken, for appellant.

Bruce R. Martin, with him Pringle, Bredin & Martin, for appellee.

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


OPINION BY MR. JUSTICE CHIDSEY, May 27, 1957:

This is an appeal from an order refusing to take off a nonsuit entered in an action of trespass for personal injuries sustained by a pedestrian when struck by defendant's automobile. The defendant's motion for compulsory nonsuit was predicated both upon the failure to prove negligence and upon plaintiff's contributory negligence. The court en banc based its decision solely on the...

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