Dooley v. Charleroi Borough

Opinion by

Mr. Justice Maxey,

William L. Dooley, later joined by his trustee in bankruptcy, brought an action in trespass against the Borough of Charleroi to recover damages both for personal injuries and injuries to his truck. The alleged cause of action arose on November 3, 1931, when Dooley’s truck at about 2:30 p. m. that day ran over a steep declivity on the southern side of Maple Avenue in the aforementioned borough.

At the close of plaintiff’s case the court granted a non-suit on the ground that “it appears the accident was caused by the failure of certain parts of the truck to operate…