McAULIFFE v. Constantine

Opinion by

Jacobs, J.,

The minor plaintiff in this suit, John Wayne Mc-Auliffe, was struck by the defendant’s automobile while he was attempting to cross the street in front of his house. At the conclusion of the plaintiff’s case, the trial judge granted the defendant’s motion for compulsory nonsuit. The lower court en banc denied plaintiff’s motion to take off the nonsuit and this appeal followed. Since we believe it is possible for a jury to reasonably infer from the facts presented in the plaintiff’s case that the defendant was guilty of negligence, we reverse.

The rule governing the removal…