Vantell v. Black Top Paving Co.

Rowley, P. J.,

— This matter is before the court upon plaintiff’s motion for a new trial. The motion assigns as error the action of the court in admitting in evidence the diary of an inspector employed in the resurfacing of a highway. Plaintiff particularly complains because the inspector who kept the diary was not called as a witness.

In pursuance of a contract with Pennsylvania Highway Department, defendants resurfaced State Highway Route No. 358 which extends westwardly from the Borough of Greenville. During progress of the work, on June 26, 1950, plaintiff drove westwardly over the route.…