Gehringer v. Erie Railways Co.

Opinion by

Mr. Justice Schaffer,

The injuries for which appellant seeks recovery in this action were sustained in a somewhat unusual Avay. The trial judge concluding that plaintiff had been contributorily negligent entered a compulsory nonsuit, which the court in banc declined to remove.

Appellant at the time of the accident, on October 5, 1925, was about tAventy years of age. He and five com panions of about the same years had been lunching shortly before midnight at a restaurant on State Street, the principal highway of the City of Erie. It was a clear night. Two automobiles belonging to…