Plewes v. Lancaster

Opinion by

Dithrich, J.,

From the discharge of a rule to show cause why judgment of compulsory nonsuit in this action of trespass should not be stricken off plaintiff brought this appeal. The facts, viewed in the light most favorable to appellant and giving him the benefit of all proper inferences to which he is entitled (Garvin v. Pittsburgh, 161 Pa. Superior Ct. 140, 53 A. 2d 906), are sub*314stantially as follows. On October 19, 1947, he was the owner of a one-half interest in a Culver Y airplane, a two-passenger low wing monoplane with a tricycle landing gear weighing approximately 1600 pounds.…