Solinsky v. Wilkes-Barre

Opinion by

Mr. Justice Allen M. Stearne,

Plaintiffs instituted this action of trespass for damages for injury to the wife-plaintiff, resulting from a fall on an unlighted portion of a street in defendant-city at about 11:30 P.M. on December 24, 1948. The court below entered a compulsory nonsuit which it refused to take off. Plaintiffs appealed.

Viewing the testimony, as we must, in a light most favorable to the plaintiffs, and giving them the benefit of every inference reasonably deducible therefrom, the controlling facts are as follows: plaintiffs resided on Reno Lane, which is one block in…