ROPELE v. STEWART et al.


185 Pa.Super. 522 (1958)

Ropele v. Stewart et al., Appellants.

Superior Court of Pennsylvania.

January 21, 1958.


Attorney(s) appearing for the Case

R. Wallace Maxwell, for appellants.

J. Salem Flack, with him John I. Hook, Jr., and Scott and Hook, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.


OPINION BY WOODSIDE, J., January 21, 1958:

This is an appeal from the order of the Court of Common Pleas of Greene County granting a new trial after a jury found for the defendants in a trespass action growing out of a motor vehicle collision. The case has been tried twice. The first time the jury was unable to agree.

The evidence shows that the accident occurred during daylight along a dry country road paved to a width of from 14 feet 9 inches to 15 feet...

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