Bovell v. Dubrusky

Opinion by

Mr. Justice Musmanno,

On April 11, 1953, at about 10:15 p.m., Herbert Bovell, the plaintiff in this case, was crossing Hector Street in Whitemarsh Township near Conshohocken at a point where it intersects with End Street, when he was struck by an automobile owned and operated by the defendant, F. J. Dubrusky, thereby sustaining serious injuries. He brought an action in trespass and was awarded a verdict of $28,000. The defendant has appealed, seeking judgment n.o.v. or a new trial.

The defendant contends that the plaintiff failed to prove that he (the defendant) was negligent in any…