Murosky v. Spaulding

Opinion bv

Mr. Justice Benjamin R. Jones,

These appeals present in slightly novel guise an old inquiry: do the circumstances warrant an appellate court in reversing the grant of a new trial in a trespass action by a lower court?

The factual background of this litigation was stated by Judge Ervin speaking for the Superior Court in Murosky v. Spaulding, 188 Pa. Superior Ct. 306, 146 A. 2d 339: “. . . Junod, with . . . Murosky as a passenger, was operating his vehicle in an eastwardly direction on II. S. Route 5 at about 10:00 p.m. on a rainy night. . . . Spaulding was operating Ms vehicle, . . .…