Hardy v. Clover Leaf Mills

Opinion by

Mr. Justice Eagen,

In this wrongful death action, the plaintiff appeals from the refusal of the court below to remove a compulsory nonsuit. The sole question for determination is, whether or not the evidence made out a prima facie case of negligence on the part of the defendant which was the proximate cause of the death of plaintiff’s decedent.

The relevant testimony was as follows:

Willard Clarence Rosenberg, an employee of the defendant, was operating a tractor-trailer in the course of his employment, in a northerly direction on Route 202 in Paoli, Chester County, Pennsylvania. It…