Niklas v. Zarnick

Ooinion by

Mr. Justice Cohen,

This is an appeal from the order of the court below granting a new trial in a trespass action involving plaintiff-appellee, Joseph Niklas, and defendant-appellant, Edward Zarnick.

The evidence discloses that about 6:00 p.m., on February 3, 1961, appellee’s truck became immoblized at the foot of a hill during the course of an unusually heavy snowstorm. - Near the point where appellee stopped the- highway curves to the right in the direction in which both he and appellant were traveling. There were high snowbanks on the shoulder of the road and appellee’s truck was…