Lathrop v. Henkels & McCoy, Inc.

OPINION AND ORDER

MASTERSON, District Judge.

This matter is before us on defendant’s Motion for Judgment Notwithstanding the Verdict or, in the alternative, for a new trial. The plaintiff in this diversity action was injured when the automobile he was driving struck a barricade and a pile of pipe on West Chester Pike. The defendant was laying the pipe for the Philadelphia Electric Company in the medial strip of the highway.

According to plaintiff’s testimony, he was proceeding west at approximately 35 miles per hour on West Chester Pike in the right hand lane 1 when he passed a sign warning him…