Gatens v. Vrabel

Opinion by

Mr. Justice Benjamin R. Jones,

This appeal challenges the propriety of the entry of a compulsory nonsuit in this trespass action.

The facts surrounding the accident which gave rise to this litigation are set forth in the opinión of the lower court: “The accident occurred on April 28, 1956, at about 10:15 P.M. (DST), approximately 185 feet eastwardly of the intersection of Poplar Street with West Ludlow Street, in the Borough of Summit Hill, Carbon County, Pennsylvania.

“The plaintiff testified that he went to Peltz’s Bar about 9:15 P.M. to see a television show and left at about 10:10…