Piccolo v. Weisenberger

Opinion by

Jacobs, J.,

The appellant, Salvatore Piccolo, is the father of Maurice Piccolo, who was not quite three years old on October 16, 1971, when he was struck and seriously and permanently injured by a car driven by James F. Weisen-berger. He now appeals from the refusal of the court below to remove a compulsory nonsuit entered against appellant at the conclusion of his case on liability alone. Because the appellant failed to prove facts establishing the negligence of the driver, we must affirm the lower court.

A compulsory nonsuit may be entered only when the lack of evidence to sustain…