Lepak v. Farmers Mutual Automobile Insurance

It appears to us that the statement made by the learned trial judge in support of his order directing a verdict clearly and correctly states the reason why plaintiff may not recover in this action. He said:

“The undisputed testimony is to the effect that Lepak had worked on several occasions around pea vineries; although he had not seen this particular truck unload on previous occasions, he had seen dump trucks unload, and he knew that a part of the operation consisted of a jerking movement after the load of peas starts to fall — starts to slide off. And knowing that, and being in the truck,…