Lucas v. Bushko

Opinion by

Mr. Chief Justice Frazer,

Plaintiffs, who are father and son, appeal from the refusal of the court below to take off a judgment of nonsuit in an action of trespass to recover damages for injuries received by the minor child when struck by defendant’s automobile. The accident occurred about four o’clock in the afternoon of a clear summer day, on a concrete highway running between the Boroughs of Archbald and Eynon in Lackawanna County. The child, a lad of nine years, was struck at a point where the highway is straight for a distance of 400 feet in one direction and 1,300 feet in the…