Lane v. E. A. Mullen, Inc.

Opinion by

Mr. Justice Schaffer,

Defendant appeals from the refusal of the court below to enter judgment in its favor, notwithstanding a verdict for plaintiff awarding damages found to be due to him as a.consequence of the death of his wife caused by appellant’s negligence.

Plaintiff was driving his automobile about 10 o’clock at night west on Girard Avenue in Philadelphia; his wife and her father occupied the rear seat. It was dark and as they proceeded along the north side of the avenue, there suddenly loomed up in front of plaintiff, when he first noticed it about twenty feet ahead, a large…