Jurich v. United Parcel Service of New York, Inc.

Opinion by

Van der Voort, J.,

Appeal is taken from judgment entered for appellee *308following the lower court en banc’s denial of appellant’s motion to remove a compulsory non-suit granted for appellee on October 15, 1974, by Judge SILVESTRI, sitting with a jury. Appellant was non-suited immediately following presentation of his case, a suit in trespass seeking damages for personal injury and property damage arising out of a collision between the parties’ vehicles.

Our deliberations and consideration of the facts of this case will be governed by our recent statement in Paul v. Hess Brothers, Inc.,…