Matys v. Consumers Ice & Coal Co.

Opinion by

Baldrige, J.,

The plaintiff brought this action of trespass to recover damages to his automobile due to a collision with defendant’s truck in the borough of Avoca, Luzerne County. He obtained a verdict upon which judgment was entered. The defendant appealed alleging that the evidence showed that plaintiff was guilty of contributory negligence and did not establish the truck driver’s negligence. It is necessary, therefore, to examine plaintiff’s evidence and to view it in a light most favorable to him.

He testified that on March 11, 1941, at about 1 :S0 p. m. he was driving his auto at…