Lear v. Shirk's Motor Express Corp.

Opinion by

Mr. Justice McBride,

This is a trespass action by Betty Lear, Administratrix of the Estate of Theodore F. Lear, deceased, to recover damages under the wrongful death act 1 and the survival act, 2 arising from the death of her husband, Theodore F. Lear, out of an accident allegedly caused by the negligence of defendant’s employe, Melvin Seiger.

The accident occurred just before dawn on an August morning in 1956, on Route 11 near Hunlock Creek, Luzerne County. Route 11 is a three lane concrete highway and runs in a general north-south direc tion. The concrete portion of the highway is…