Brown v. Raymond Bros. Motor Transportation, Inc.

Defendant appeals from the order denying its alternative motion for judgment notwithstanding the verdict or a new trial.

Defendant’s counsel present the sole proposition on this appeal that plaintiff was guilty of contributory negligence as a matter of law in running into the rear end of defendant’s moving truck. It is necessary to state certain facts, some of which are sharply disputed but which the jury could find in plaintiff’s favor.

On the 12th of December, 1930, plaintiff, driving a Chevrolet car, and defendant, by its servant, driving a truck, traveling south on paved trunk highway No.…