McCune v. Ellenberger

Opinion by

Wright, J.,

Plaintiff instituted an action in trespass to recover property damage resulting from an automobile collision which occurred on October 22, 1948, about 5:30 p.m., at the intersection of Coursin Street and Shaw Avenue in the City of McKeesport. Following a non-jury trial the hearing judge rendered a decision in fa vor of plaintiff. THe court en banc entered judgment n.o.v. for the defendant on the ground that plaintiff was guilty of contributory negligence as a matter of law. Plaintiff has appealed.

A finding by a trail judge sitting without a jury has the force and effect…