Evans v. Scott-Powell Dairies, Inc.

Per Curiam,

The jury having disagreed, defendant asked for judgment on the whole record. This was properly refused be cause, assuming — as for present purposes we must — that the testimony of plaintiff and his witnesses was true, the questions of negligence and contributory negligence require submission to a jury.

About three A. M. standard time on July 23, 1933, plaintiff drove an automobile south on Twelfth Street, Philadelphia, at the rate of eighteen to twenty miles an hour. Twelfth Street is approximately twenty-six feet between curbs with a single car track in the center, and the…