ELLER v. Work

Opinion by

Hoffman, J.,

The appellant, plaintiff below, contends that the trial judge committed reversible error in charging the jury on the “choice of paths” doctrine and in allowing the introduction of allegedly inadmissible hearsay testimony.

The minor-appellant, Richard Eller, age thirteen, was walking next to his brother, Frank Eller, Jr,, on Isabel Lane in West Goshen Township, Chester County, at 7:00 p.m., on February 15, 1972. There are no sidewalks on either side of this suburban street and the lawns lead straight to the roadway. Frank Eller testified that he was walking on the lawns…