Gift v. Palmer

Opinion by

Mr. Justice Bell,

Plaintiff Robert Gift sued defendant in trespass for personal injuries. The lower Court entered a nonsuit. A nonsuit can only be awarded in a clear case, and plaintiff must be given the benefit of all the evidence in his favor and all reasonable inferences therefrom: Finnin v. Neubert, 378 Pa. 40, 105 A. 2d 77; Schofield v. King, 388 Pa. 132, 130 A. 2d 93.

The evidence is very meager. Defendant was driving east along Mt. Oliver Street in Pittsburgh. There was no direct evidence of how the accident (which happened in the middle of the block) occurred. Five minutes…