Wiser v. Parkway Baking Co.

Opinion by

Mr. Justice Walling,

On January 20, 1926, William Wiser, while on a street known as Bonaffon Terrace, Philadelphia, was struck and killed by defendant’s auto truck. On the trial of this action of trespass brought by his widow, charging negligence, the trial judge granted a compulsory nonsuit, and, from the refusal'to take it off, plaintiff brought this appeal.

The record discloses no cause for reversal. The burden was on plaintiff to prove negligence, as no presumption thereof is raised by the mere fact that a pedestrian is struck by an automobile in a public street: McAvoy v. Kromer…