Fasick v. Byerly

Opinion by

Mr. Justice Drew,

This is an action in trespass by the plaintiff to recover for the death of her husband caused by defendant’s alleged negligence. Following a verdict of $8,888.90 for the plaintiff, defendant moved for judgment n. o. v. and for a new trial, both of which were refused. This appeal followed.

U. S. Route 22 between Lewistown and Mifflintown in Mifflin County is a three-lane highway running generally east and west. The center lane is of asphalt construction and the other two of concrete. On the afternoon of January 22,1935, decedent was proceeding westwardly toward…