McNett v. Briggs

Opinion by

Jacobs, J.,

In this case plaintiff appeals from the refusal of the court below to remove a compulsory nonsuit entered for defendant who was the driver of an automobile which struck and killed plaintiffs decedent. The lower court held that the plaintiff had not proved any negligence on the part of the defendant and that decedent was contributorily negligent as a matter of law. We reverse.

On appeal from the grant of a compulsory nonsuit we consider the evidence, and all the reasonable inferences therefrom, in the light most favorable to plaintiff. Gatens v. Vrabel, 393 Pa. 155, 142 A.…