Brett v. Philadelphia Transportation Co.

Opinion by

Baldrige, J.,

The plaintiff in an action of trespass has appealed from the entry of a judgment for the defendant, notwithstanding the verdict in his favor.

'The question involved is whether the plaintiff’s testimony should be rejected because it conflicts with incontrovertible physical facts so clearly established that they cannot be erroneous: Cubitt v. New York Central R. R. Co., 278 Pa. 366, 123 A. 308; Hawk et ux. v. Penna. R. R. Co., 307 Pa. 214, 160 A. 862.

The plaintiff testified that on March 17, 1942, about 6:10 a. m. he was travelling northeast in a Ford sedan in Philadelphia…