Zanko v. Semmel

Opinion by

Mr. Justice Arnold,

In his lifetime the decedent, Fritsch, instituted this action of trespass for damages for injuries resulting from being run over by the bulldozer owned by one of the defendants, and operated by the other as his employe. Prior to trial he died and appellant-administrator was substituted as plaintiff. Plaintiff appeals from the refusal to take off the compulsory nonsuit entered by the court below.

There being no one who actually saw the occurrence, plaintiff was left primarily and almost wholly to proving his case by calling the defendants as on cross-examination,…