Cushey v. Plunkard

Opinion by

Mr. Justice O’Brien,

Appellants commenced an action of trespass to recover for damages arising out of a collision between an automobile operated by appellant Larry Cushey, and a truck operated by appellee Plunkard. At the .conclusion of appellants’ case on liability, the trial court entered a judgment of compulsory nonsuit in favor of appellees. Appellants’ motion to take off the nonsuit was denied, thereby giving rise to this appeal.

The nonsuit was entered below, on the dual grounds that: (1) appellants had failed to make out a case of negligence on the part of appellees sufficient…