DeClarico v. Witney

Knight, P. J.,

The verdict was for plaintiff and defendant has filed these motions.

Since plaintiff has the verdict all questions of fact must be decided in his favor and he is entitled to all reasonable inferences that may be drawn from the evidence.

So viewed the facts may be stated as follows: Plaintiff and his neighbor desired to build a patio in front *563of their houses on Orange Avenue in the Borough of Ambler. They ordered a truckload of ready-mixed concrete from defendant.

On the afternoon of June 25, 1953, the truckload of concrete arrived at plaintiff’s premises. In order to put the truck…