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LUNDIN v. HEILMAN

375 Pa. 315 (1953)

Lundin, Appellant, v. Heilman.

Supreme Court of Pennsylvania.

Reargued October 14, 1953.

November 24, 1953.

Attorney(s) appearing for the Case

John E. Evans, Jr., with him Evans, Ivory & Evans, and Maurice L. Kessler, for appellants.

Joseph F. Weis, with him Joseph F. Weis, Jr. and Sherriff, Lindsay, Weis & McGinnis, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, November 24, 1953:

This trespass action was instituted by plaintiffs, husband and wife, to recover damages for injuries sustained by the wife while riding as a passenger in an automobile driven by the defendant. The jury returned a verdict in favor of the defendant. Plaintiffs appealed contending the court below gave an erroneous instruction to the jury when it affirmed one of the defendant...

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