Brown v. McNamara

Opinion by

Ross, J.,

This is an action in trespass for the recovery of damage to an automobile owned and operated by the plaintiff. The jury returned a verdict for the plaintiff but the court below en banc, the trial judge dissenting, entered judgment n. o. v. on defendant’s motion, and plaintiff appealed to this court. The sole issue before us is whether under all the evidence the plaintiff was guilty of contributory negligence as a matter of law.

It is a familiar principle of law and of appellate review that on a rule for judgment n. o. v. the testimony must be read in the light most favorable…