Pembor v. Marcus

Upon trial by jury for damages resulting from an automobile accident, plaintiff obtained a verdict and judgment in the amount of $5,769.43. Recovery by defendant-Antoinette Brody Marcus on her cross declaration was denied. De fendants’ motion for new trial was denied and they have appealed.

The factual situation as presented by the respective parties is such that if both were correct, the accident could not have occurred. Plaintiff claims that on August 27, 1941, at about 6 or 6:30 p.m. she was driving her car'in an easterly direction on a narrow, winding, and hilly dirt road running from…