Pfendler v. Speer

Opinion by

Mr. Justice Barnes,

This is an appeal from the refusal of the court below to set aside a verdict for plaintiff and to enter judgment non obstante veredicto for defendant, and from the refusal to grant defendant a new trial, in an action of trespass for the death of plaintiff’s husband, Sylvester A. Pfendler. The accident is alleged to have occurred about 11 o’clock p. m. on April 17, 1931, near the intersection of East Street and Hazlett Street, in Pittsburgh.

The decedent was found lying in the street, with his head against the curb, and his body in the cartway of East -Street,…