Dudenhoefer v. Williams

Opinion by

Keller, P. J.,

It will he assumed that the defendant was guilty of negligence. The jury so found and there is ample evidence in the record to support the finding. But the court entered judgment non obstante veredicto in favor of the defendant, because the driver plaintiff’s own testimony established his contributory negligence as matter of law. We think the record sustains the action of the court.

At two-thirty o’clock in the morning of June 6, 1935, the plaintiff Dudenhoefer was driving a milk truck belonging to the other plaintiff, by whom he was employed, westward on Twenty-sixth…