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WESCHLER v. CARROLL

396 Pa.Super. 41 (1990)

578 A.2d 13

Charles L. WESCHLER and Ruth Weschler, His Wife, Appellant, v. Patricia L. CARROLL, Administratrix of the Estate of Francis B. Carroll, A/K/A F. Bonner Carroll, Appellee.

Supreme Court of Pennsylvania.

Decided July 11, 1990.

Attorney(s) appearing for the Case

John E. Quinn, Pittsburgh, for appellant.

F.W. Bode III, Pittsburgh, for appellee.

Before DEL SOLE, KELLY and HESTER, JJ.

KELLY, Judge:

In this appeal we are called upon to determine whether the trial court properly precluded the appellant-husband's testimony under the provisions of the Dead Man's Act (42 Pa.C.S.A. § 5930) as to the facts surrounding an alleged accident in which there were no witnesses other than the appellant-husband and the decedent, when the appellants sought only to recover against the decedent's automobile

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