Barney v. Foradas

PRICE, Judge:

Appellant, Benjamin Barney, brought an action in trespass for personal injuries sustained when he was struck by appellees’ pick-up truck. 1 Upon the completion of appellant’s case on liability, the appellees’ motion for a compulsory nonsuit was granted and the case dismissed. Thereafter the appellant presented a motion to remove the non-suit which was denied and this appeal followed.

At the trial, Mr. Barney testified that sometime after 1:30 p.m. on August 20, 1974 he exited a bus at the corner of Loretta Street and Murray Avenue. Murray Avenue is a four-lane public thoroughfare…