Mitchell v. Stolze

Opinion by

Mr. Justice Musmanno,

On November 1, 1951, at about 5 p.m., two automobiles travelling on Pennsylvania State Highway Boute No. 71 in Washington County, collided with each other so violently as to inflict death on the operator of one car (Helen C. Mitchell) and injuries on the operator of the other (Hildred Knight Stolze). No one, except the two operators themselves, witnessed the actual impact so that, when the administrator of the estate of Mrs. Helen C- Mitchell sued Hildred Knight Stolze for damages in both a wrongful death and survival action, the defendant maintained there could…