Nebel v. Pittsburgh

Opinion by

Mr. Justice Chidsey,

This appeal resulted from the refusal of the court below, sitting en banc, to take off a compulsory nonsuit which was entered on the ground there was no proof that the defendant municipality was negligent. The suit was originally brought against the City of Pittsburgh, and the original defendant joined Marie Leahy as an additional defendant.

Viewing the evidence in the light most favorable to the plaintiff, as we are required to do (O’Connor v. Philadelphia Suburban Transportation Company, 362 Pa. 404, 66 A. 2d 818), the facts are: On the afternoon of January 29,…