Wenhold v. O'Dea

Opinion by

Mr. Justice Drew,

In this action of trespass, plaintiff, on behalf of herself and three minor children, seeks to recover damages for the death of her husband, Guerney Wenhold, which resulted from injuries sustained when he was struck by an automobile "owned and operated by defendant. This appeal is from the action of the lower court in refusing to take off a compulsory nonsuit.

About an hour after sunset on October 29,1937, Wen-hold, accompanied by Charles Howe, parked his automobile on Welsh Eoad, near Tennis Avenue, Montgomery County, facing west and almost entirely off the paved…