Saldukas v. McKerns

Opinion by

Mr. Justice Drew,

Plaintiffs brought this action in trespass to recover damages for personal injuries suffered by the then minor plaintiff, who, since suit, has reached his majority. At the close of plaintiffs’ case, defendant moved for a compulsory nonsuit, which motion was granted by the learned trial judge. This appeal was taken from the refusal of the court en banc to take off the nonsuit.

At the time of the accident defendant was engaged in the general contracting business and was constructing a new highway on State Highway Route No. 120 in Schuylkill County. An employee, Calvin…