Valente v. Lindner

Opinion by

Mr. Justice Drew,

This suit is a trespass action brought by plaintiff, Susan Yalente, on behalf of herself and minor children to recover damages for the wrongful death of her husband, Ernest J. Yalente. Defendant, Henry J. Lindner, was the driver of a car from the running board of which Yalente was thrown to his death.

The circumstances of the accident relevant to the question before us are uncontroverted. Defendant, on the afternoon of May 14, 1938, at about 4: 30 P. M., was taking a boy who had been injured in a neighboring town to a hospital in Hazleton. One Makoviak, who was…