CALLOWAY v. GREENAWALT


418 Pa. 349 (1965)

Calloway, Appellant, v. Greenawalt.

Supreme Court of Pennsylvania.

June 30, 1965.


Attorney(s) appearing for the Case

John A. Roe, for appellants.

Richard B. Wickersham, with him Christian S. Erb, Jr., and Metzger, Wickersham & Knauss, for appellee.

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


OPINION BY MR. CHIEF JUSTICE BELL, June 30, 1965:

This is an appeal from a judgment of nonsuit entered by the Court of Common Pleas of Dauphin County.

On September 2, 1961, at about 11:00 A.M., David Calloway, then four years of age, was injured when he was struck by an automobile being operated by the defendant, Frank S. Greenawalt. Greenawalt was driving his automobile in a southerly direction on Fifth Street in Harrisburg, Pennsylvania, at about 25 miles...

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