DiBona v. Philadelphia Transportation Co.

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from the refusal of the court below to take off a nonsuit. The action was one of trespass brought under the Act of 1855, P. L. 309, as amended by Pennsylvania Rules of Civil Procedure Number 2202. The plaintiff brought the action as administrator of the Estate of Pasquale Capozzali, deceased, under the Act of 1937, P. L. 2755, and on behalf of the widow of the decedent and minor children.

On September 12, 1945, at about noon, Capozzali in Philadelphia was traversing Main Street, Philadelphia, 34 feet wide, from the west to the east side, near…