Nold v. Higgins Lumber Co.

Opinion by

Mr. Justice Schaffer,

This case is a close one and not free from difficulty in decision. The court below, following a verdict in plaintiff’s favor, entered judgment for defendant; our conclusion, after carefully reviewing the entire record, is that this action was not warranted on the proofs submitted.

Plaintiff was driving a motorcycle along a highway in the city of Pittsburgh; ahead of him, traveling in the same direction, was a truck belonging to defendant and behind him an automobile proceeding likewise. There were double trolley tracks in the street’, the truck running in the…