Finley v. Wiley

Lynch, J. S. C.

Plaintiff moves for a new trial on the ground that the verdict of “no cause for action” rendered by the jury herein is “against the weight of the evidence” so that “it clearly and convincingly appears that the verdict was the result of mistake, partiality, prejudice or passion.” B. B. 4:61 — 1. The particular interest of the motion is the issue as to whether a “slow moving” driver can be held guilty of contributory negligence when struck in the rear by the vehicle of defendant, at least under the circumstances here.

Plaintiff was driving a tractor in a southerly direction on…