Cesare v. Cole

Opinion by

Me. Justice Eagen,

This is an appeal from the refusal to take off a compulsory nonsuit entered in favor of the defendant, Township of Bushkill, at the close of plaintiff’s case.

Plaintiff, individually and as administratrix of the Estate of Thomas W. Cesare, deceased, brought this action under the wrongful death and survival acts to recover damages suffered by reason of the death of said Thomas W. Cesare. Cesare suffered fatal injuries while riding as a passenger in an automobile operated by the defendant, Potts, when it collided with another automobile operated by the defendant,…