Cupelli v. Revtai

Opinion by

Hoffman, J.,

This suit arose as the result of an accident in which plaintiff’s decedent, a six year old boy, was struck in the street by a pickup truck operated by defendantappellee. The boy was rendered unconscious by the impact and died nine days later, never having regained consciousness.

At the conclusion of appellant’s case on liability, appellee’s motion for a compulsory nonsuit was granted. Appellant’s subsequent motion to remove the non-suit was denied, and this appeal followed.

“A nonsuit should be entered only in a clear case, and, on appeal from the refusal to take off a…