Fusco v. Dauphin

Layton, J.:

This was an accident case. At the conclusion of plaintiff’s evidence, I directed a nonsuit. A motion for new trial was filed and argued.

Because the defendant was not obliged to put in his defense, we are limited to the following meager facts established by plaintiff.

Plaintiff was riding as a passenger on a motorcycle driven by one Farone. Both Farone and plaintiff were minors, the former having no driver’s license. Farone was operating his machine south on Union Street in the City of Wilmington. The only evidence of his speed is that it was from fifteen to twenty miles per hour. At…