Beyrent v. Kaplan

Opinion by

Mr. Justice Drew,

This action of trespass was brought by plaintiff to recover damages for injuries alleged to have been sustained by him when he was struck by an automobile owned by defendant and operated by her servant. At the close of plaintiff’s case the trial judge entered a compulsory nonsuit, which the court in banc subsequently refused to take off. Plaintiff died after taking this appeal, and his executor was substituted as appellant.

Plaintiff testified that on the day of the accident he was employed as janitor at a public school situated at the northeast corner of Swatara…