Shoffner v. Schmerin

Opinion by

Mr. Justice Maxey,

This is an appeal from the refusal of the court below to enter judgment in favor of the defendant notwithstanding a verdict of $15,927 for plaintiff.

At 10 p. m., October 29,1931, the plaintiff was operating an automobile on the public highway. As he traveled toward Sykesville he encountered patches of fog, described by him as “light fog, the headlights shone through them and the highway was visible.” The road traversed was “over hills and through valleys” and plaintiff “passed through a number of fog pockets.” These pockets of fog were visible “several hundred feet…