Downs v. Cammarano

Opinion by

Montgomery, J.,

This is an appeal by the plaintiff Jay W. Downs from the refusal of the lower court to remove a com pulsory nonsuit entered in this action of trespass. In assessing the propriety of the entry of a nonsuit, we are mindful that such a judgment should be entered only in a clear case, and that the testimony must be read in the light most favorable to the plaintiff’s case, giving him or her the benefit of all reasonable inferences' flowing therefrom. Moss v. Reading Company, 418 Pa. 598, 212 A. 2d 226 (1965).

This accident occurred on February 1, 1963, about 4:30 p.m. as…