Dilliplaine v. Lehigh Valley Trust Co.

Concurring Opinion by

Packel, J.:

Two evidentiary issues are raised as to the application in a tort case of the presumption that a decedent had exercised due care. The appellant contends, first, that the presumption is applicable for the benefit of plaintiffs, and not for the benefit of defendants; and, second, that in any event the presumption is only applicable when the death was caused by the accident. The trial judge had instructed the jury that both the plaintiff, who had no memory of the events immediately preceding and following the accident,1 and the defendant, who died after the…