Deantonio v. New Haven Dairy Co.

The defendant contends, in furtherance of its appeal from the refusal of the trial court to set aside the verdict, that the evidence did not warrant the jury in holding the plaintiff to have been free from contributory negligence or the driver of defendant’s truck negligent. The plaintiff testified that he saw the truck at the top of the grade but did not observe it again until it struck his car, and the defendant claims that he was negligent in not noting the course subsequently taken by the truck and in not stopping in time to avoid the collision. We think, however, especially in view of…