Opinion
May 8, 1940.
June 24, 1940.
Before SCHAFFER, C. J., DREW, LINN, STERN, BARNES and PATTERSON, JJ.
Appeal, No. 122, Jan. T., 1940, from judgment of C. P. Luzerne Co., July T., 1938, No. 1098, in case of Milton S. Rowe v. George Coopey et al. Judgment affirmed.
Trespass for personal injuries. Before FARRELL, J.
Compulsory nonsuit entered and motion to take it off discharged. Plaintiff appealed.
Error assigned was refusal to take off compulsory nonsuit.
Edward Darling, with him Ben R. Jones, Jr., of Bedford, Waller, Jones Darling, for appellant. Andrew Hourigan, Vincent Quinn and Leo W. White, for appellees, were not heard.
Argued May 8, 1940.
Plaintiff, engaged in selling ice at retail from his truck, headed westward but parked between intersections on the north side of a street 18 feet between curbs, was struck as he was stepping from behind his truck across the street. Defendant's car was proceeding eastward. The learned trial judge entered a nonsuit which the court subsequently refused to take off in an opinion sufficiently disposing of the suit.
Judgment affirmed.