Trovato v. Capozzi

Porter, C. C. J.

This ease was tried by the court and a jury on October 24th, 1935. It is an action under the “Death act,” based upon the charge of negligence.

The undisputed facts are that Ambrose Trovato and Cosmo Capozzi, together with two others, were riding in the automobile of Capozzi when it overturned, and that Trovato was thrown from the car and instantly killed.

There was a sharp issue of fact presented by the testimony, as to whether Capozzi or the deceased, Trovato, was driving the car at the time of its being overturned. The plaintiff produced as a witness Eocco DeLena who testified…