CONDO v. CARIS


255 Pa.Super. 16 (1978)

386 A.2d 112

Arthur C. CONDO, Administrator of the Estate of Kathryn J. Condo, Deceased, and Charles C. Condo, Appellants, v. Sheldon CARIS.

Superior Court of Pennsylvania.

Decided April 28, 1978.


Attorney(s) appearing for the Case

Lee H. Roberts, Lock Haven, for appellants.

Allan W. Lugg, with him Lugg and Snowiss, Lock Haven, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


SPAETH, Judge:

In this suit in trespass the jury returned a verdict for the defendant, appellee here. Because the lower court erred in refusing a requested charge on the presumption of due care, we reverse.

Appellants' decedent was struck and killed by appellee's automobile. Appellants alleged and offered evidence of appellee's negligence; in defense, appellee alleged and offered evidence of the decedent...

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