Siravo v. AAA Trucking Corp.

PRICE, Judge:

This is a negligence action in which appellant contends that appellee’s evidence below was contrary to the “incontrovertible physical facts” doctrine of Lessig v. Reading Transit & Light Co., 270 Pa. 299, 113 A. 381 (1921). Since we conclude that appellant’s facts were neither evidence nor *219“incontrovertible”, we have no occasion to consider the applicability of the aforesaid doctrine and affirm.

The basic facts are not disputed. Appellee went to a diner at 10th and Russell Streets in Philadelphia on July 8, 1975 and parked his car on the west side of 10th Street. When appellee was…