Fegely v. Costello

Opinion by

Mr. Justice O’Brien,

At the close of the plaintiff-appellant’s case, the court below entered a compulsory nonsuit. The motion to take off the nonsuit was subsequently denied and this appeal followed.

An analysis of the testimony and the applicable law convinces us that the nonsuit was properly entered.

It is well established that the mere happening of an accident, even when a moving vehicle strikes a pedestrian lying on the road, does not establish negligence by either presumption or inference. Flagiello v. Crilly, 409 Pa. 389, 187 A. 2d 289 (1963). Furthermore, there is no inference…