Yannuzzi v. Mitchell

PRICE, Judge:

This action comes before our court as an appeal from an order of the lower court denying appellants’ motion for a new trial. The motion was based upon alleged errors by the trial judge in charging the jury in a trespass action. We hold the lower court’s order to be error and remand for a new trial. The following facts were adduced at trial.

On January 4, 1970, appellant, Anthony Yannuzzi, was operating a motor vehicle in a westerly direction on a road in Delaware County. With him in the vehicle were the other appellants, Catherine, his wife, and Thomas, their minor son. At the…