Nelson v. Damus Bros. Co., Inc.

Opinion by

Mr. Justice Maxey,

This is an appeal from the refusal of the court below to enter judgment for- defendant n. o. v. The action was trespass. Plaintiff James N. Nelson was awarded $3,500 by the jury. His wife’s action against the same defendant resulted in a verdict in favor of the latter.

At 11 p. m. on March 31, 1939, plaintiff was driving his automobile on Route 156 toward Apollo, Armstrong County. Defendant’s truck was parked upon the right side of the highway and it displayed no lights. Another truck was parked diagonally across the highway from defendant’s truck and facing in an…