Nalevanko v. Marie

Opinion by

Mr. Justice Barnes,

On December 26,1934, at approximately eleven o’clock p. m., George J. Nalevanko, a coal miner, fifty-nine years of age, while walking toward Greensburg along State Highway Route No. 119, known as the New Alexandria Road, was struck and instantly killed by a Ford sedan operated by Tony Marie, one of the defendants. The automobile was proceeding eastwardly upon the highway in the direction of Luxor. It was owned by Louis Marie, codefendant herein, and used by him in his business of carrying passengers for hire upon a regular schedule between Luxor and Greensburg. He…