Heffernan v. Rosser

Opinion by

Mr. Justice Jones,

This appeal lies from an order of the Court of Common Pleas of Allegheny County which granted a new trial in a trespass action wherein the jury had found a verdict in favor of the defendant.

This litigation arose out of an automobile accident which occurred on January 6, 1958, at approximately 6 p.m., on Route 22 near the Holiday House Motel in Monroeville, Allegheny County. Involved in this accident were two motor vehicles, one owned and operated by John J. Heffernan (plaintiff), and the other owned and operated by Ernest Rosser (defendant).

At the point of…