(concurring in part and dissenting in part).
I agree that the judgment of the District Court must be reversed and the cause remanded for a new trial.
I disagree with the majority’s holding that “a Pennsylvania court would, under like circumstances, refuse to accord Smith the presumption” of due care.
In my opinion the Pennsylvania courts would hold that it was prejudicial error to fail to charge the jury that Smith was entitled to the presumption of due care.