Notarianni v. Ross

384 Pa. 63 (1956)

Notarianni, Appellant,

v.

Ross.

Supreme Court of Pennsylvania.

Argued November 28, 1955.

January 13, 1956.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.

Albert C. Gekoski, with him Charles S. Shotz, for appellant.

Bernard J. Smolens, with him John J. McDevitt, 3rd, for appellee.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, January 13, 1956:

Plaintiff appeals from a judgment for defendant non obstante veredicto in a trespass action concerning collision of two motor vehicles. The pivotal question is whether, in the facts of this case, plaintiff's failure to stop his…