Fitzgerald v. Penn Transsit Co.

Opinion by

Mr. Justice Drew,

Separate appeals were taken by plaintiff and additional defendant from the action of the learned court below in refusing to grant a new trial and entering judgment on the verdict in favor of plaintiff and against both defendants. The action is trespass by Neal Fitzgerald against the Penn Transit Company in which Bex Schall was summoned as additional defendant.

• This accident occurred January 30, 1942, at 7:30 P. M., at the intersection of Freeport Road and North Street in New Kensington, Pennsylvania. Schall testified that he was then driving his car, with…