Dupont v. Gallagher

Opinion by

Mr. Chief Justice Maxey,

This is an action in trespass brought by Susietta Elizabeth DuPont to recover for injuries sustained by her while a passenger in an automobile owned and operated by defendant. At 6 P.M. on March 16, 1945 plaintiff was riding with defendant east on U. S. Route 40. Just after leaving Uniontown and while descending Gray’s Hill defendant’s car collided with another car. This second car had pulled out from a gasoline station at the foot of the hill onto the highway, in front of defendant’s car. Defendant applied his brakes but was unable to stop. It was shown that…