Borisoff v. Penn Fruit Co., Inc.

Opinion by

Ross, J.,

This is an appeal by the plaintiff in a case involving-damage to his automobile resulting from an intersection collision with defendant’s truck. At the close of. plaintiff’s testimony, the trial judge .entered a compulsory nonsuit which the court en banc refused to take off. and this appeal followed.

In Sargeant v. Ayers, 358 Pa. 393, 395, 57 A. 2d 881, 883, Mr. Justice Jones stated: “On a question as to the appropriateness of a compulsory nonsuit, the pertinent inquiry is whether the plaintiff’s negligence appears so irrefutably from the evidence in his own case that to…