Chemikles v. J. M. Wilson Co.

In support of its contention that a verdict should have been directed in its favor, the defendant seeks to establish two propositions as follows: 1. There was no evidence that the driver of defendant’s truck was negligent. 2. The evidence is conclusive that the plaintiff was negligent.

1. There was evidence from which it might be found that the defendant’s truck was started from a stationary position in a city street and after traveling a distance of 46 feet at a speed of from five to seven miles per hour, ran down the plaintiff who was all the time within the range of the driver’s vision. The…