CUSHEY v. PLUNKARD


413 Pa. 116 (1964)

Cushey, Appellant, v. Plunkard.

Supreme Court of Pennsylvania.

January 7, 1964.


Attorney(s) appearing for the Case

Saul J. Bernstein, with him Bernstein & Campbell, for appellants.

Lee C. McCandless, with him McCandless and McCandless, for appellees.

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE O'BRIEN, January 7, 1964:

Appellants commenced an action of trespass to recover for damages arising out of a collision between an automobile operated by appellant Larry Cushey, and a truck operated by appellee Plunkard. At the conclusion of appellants' case on liability, the trial court entered a judgment of compulsory nonsuit in favor of appellees. Appellants' motion to take off the nonsuit was denied...

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