Deater v. Penn Machine Co.

Opinion by

Mr. Justice Schaffer,

Plaintiff alleges that defendant is liable to her for damages due to the death of her husband. While crossing a public street in the City of Johnstown he was killed as a result of being struck by an automobile owned by defendant and driven by Paul O. Emory, a salesman in its employ. The accident took place about 3 o’clock on the morning of Sunday, December 22,1929. The particulars of the accident need not be stated, as defendant admits that, for the purposes of this appeal, the driver of the automobile may be considered negligent. Plaintiff recovered a verdict…