Opinion
Argued November 16, 1956
Decided December 29, 1956
Negligence — Automobiles — Motor scooter — Evidence of negligence — Circumstantial — Insufficiency.
Where it appeared that the plaintiff was proceeding on a motor scooter in an easterly direction on a two lane highway followed by the defendant, operating an automobile, that the additional defendant automobilist was proceeding westwardly, approaching in the other lane of traffic, that the plaintiff gave a signal for a left turn, that the scooter came in contact with additional defendant's automobile, was thrown back against defendant's automobile; and it further appeared that plaintiff contended that the evidence created an inference either that the defendant initially struck and forced the plaintiff's scooter in front of the other car or the plaintiff swung in front of the other car to avoid being hit by the defendant, it was Held, In the circumstances, that the evidence would not support such inference or any other inference of defendant's negligence and that the court below had properly refused to remove a nonsuit.
Before STERN, C. J., JONES, BELL, CHIDSEY and MUSMANNO, JJ.
Appeal, No. 249, Jan. T., 1956, from order of Court of Common Pleas of Cumberland County, Sept. T., 1951, No. 84, in case of Wayne B. Sheriff v. Carl Eisele et al. Order affirmed.
Same case in court below: 7 Pa. D. C.2d 546.
Trespass for personal injuries. Before SHUGHART, P. J.
Compulsory nonsuit entered as to both defendants; order entered refusing plaintiff's motion to take off nonsuit. Plaintiff appealed.
Herman L. Weary, with him F. Brewster Wickersham, and Weary, Hess Humer, for appellant.
George F. Douglas, Jr. and J. Boyd Landis, with them Faller Douglas and Landis McIntosh, for appellees.
It will suffice to say that Ebersole v. Beistline, 368 Pa. 12 EQD, A.2d 11, and Gayne v. Carey Mfg. Co., 385 Pa. 618, 123 A.2d 432, are recent analogous cases which further support the able opinion of the lower Court and rule this case in favor of the defendants.
The Order is affirmed on the opinion of President Judge SHUGHART, which is reported in 7 Pa. D. C.2d 546.