De Vita v. Long

VAN DUSEN, District Judge.

This case comes before the court on plaintiff’s motion for a new trial filed after the jury found a verdict for the defendant on his counterclaim. Defendant and plaintiff’s decedent were the drivers of two cars which collided near the left front of each car at the eastern end of a curve on the Frackville-Morea road (Schuylkill 'County, Pa.) in the early morning darkness on June 30, 1951. Plaintiff’s decedent died within a week of the accident. In considering this motion, the evidence must be considered in the light most favorable to the defendant.1

Plaintiff complains…