Herman v. Horst

SPAETH, Judge:

This is an appeal from an order refusing to take off a nonsuit.

A nonsuit is proper

only if the jury, viewing the evidence and all reasonable inferences arising from it, in the light most favorable to the plaintiff, could not reasonably conclude that the elements of the cause of action have been established. Watkins v. Sharon Aerie, No. 327 F.O.E., 423 Pa. 396, 223 A.2d 742 (1966).

Ford v. Jeffries, 474 Pa. 588, 591, 379 A.2d 111, 112 (1977).

Viewed in this light, appellant’s evidence was to the following effect. On October 9, 1973, appellant’s decedent, William Herman, was driving…