Birnesser v. McGath

Per Curiam,

The only question here is whether the learned court below erred in entering judgment n. o. v. for defendant.

The facts are few and simple: At the time of this accident, May 1, 1942, plaintiff, Peter A. Birnesser, was an employee of the Pennsylvania Department of Highways ; his job was to work as directed upon state highways. The accident happened on the public highway, in Darlington Township, Beaver County, close to the Ohio state line. That morning, plaintiff and his foreman, in a small truck, went along the highway, for the purpose of painting or refreshing the divisor line.…