Torrens Et Ux. v. Belfatto

Opinion by

James, J.,

Plaintiffs, husband and wife, sued to recover damages arising from injuries suffered by the wife and for damages to the husband’s automobile, as the result of being struck by the defendant’s automobile. The court below entered a non-suit on the ground of the contributory negligence of the husband and the wife, which subsequently it refused to take off. The plaintiffs have appealed.

In passing upon the question involved in this appeal, we must bear in mind the well established rule that a non-suit can be entered only in clear cases, “when it is inconceivable on any…