MILLER v. MONTGOMERY


397 Pa. 94 (1959)

Miller, Appellant, v. Montgomery.

Supreme Court of Pennsylvania.

July 2, 1959.


Attorney(s) appearing for the Case

W. Davis Graham, for appellant.

Robert E. Ashe, with him Ashe & Ashe, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE McBRIDE, July 2, 1959:

This action in trespass was instituted by Calvin E. Miller against Kenneth D. Montgomery, Administrator of the Estate of James H. Montgomery, deceased.

The evidence is necessarily meager in that Montgomery, who was the operator of the motor vehicle in which Miller was a passenger, was killed in the accident and Miller himself died prior to trial. No eyewitness was available. However, plaintiff did introduce the...

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