Degregorio v. Malloy

Opinion by

Mr. Justice Allen M. Stearns,

This is an appeal from the refusal to remove a compulsory nonsuit in a trespass case. The plaintiff, a Philadelphia police officer, was injured in a motor accident, by being thrown from the running board of a truck on which he was standing. He was guiding the driver through heavy vehicular traffic, conveying a severely injured passenger to a hospital. The judgment of the court below was that plaintiff was guilty of contributory negligence in assuming a position of danger, and entered the nonsuit which it refused to take off. The appeal followed.

Plaintiff,…