Haddon v. Lotito

Opinion by

Mr. Justice Eagen,

The plaintiffs, Sarah Haddon, James Haddon and Andrew Brunnet, were injured while attending and witnessing a public fireworks’ display at a public picnic-park on July 4, 1956. An action in trespass against the defendant, producer of the exhibition, resulted at trial in the entry of a compulsory nonsuit which the lower court en banc refused to remove. The correctness of this ruling is now before this Court on appeal.

It is well established that a compulsory nonsuit should be entered only in a very clear case and that the suing party or parties must be given the…