Bowling v. Roberts
Supreme Court of Pennsylvania
Appeal No. 232, Jan. T., 1911, by plaintiff, from order of C. P. No. 4, Pbila. Co., June T., 1908, No. 1247, refusing to take off non-suit in case of Ernest P. Bowling and Lorena Ms wife v. William T. B. Roberts et al., trading as William T. B. Roberts & Son. Trespass to recover damages for personal injuries. Before Audenried, J. The facts are stated in the opinion of tbe Supreme Court. Error assigned was refusal to take off non-suit.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We think it was error to enter a compulsory non-suit in this case. The controlling question for determination was the identity of the automobile which caused the accident resulting in injury to the plaintiffs, and we think there was sufficient evidence to submit to the jury on that question.
In 1907, the defendants were engaged in developing property and selling lots at Pitman Heights, a half mile from the borough of Pitman Grove, Gloucester County, New Jersey. There was a farmers’ picnic at Alcyon Park, near Pitman Grove, on August 7th and 8th, 1907, and on the…
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