Lee v. Smith

Murphy, Justice.

This is an appeal from an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial and from the judgment entered therein. The action was brought to recover for personal injuries alleged to have been sustained by reason of the defendant’s negligence. Plaintiff was injured as a result of an automobile accident in which the car he was driving collided with the rear end of defendant’s truck.

From the record it appears that on May 28, 1956, at about 8 p. m., plaintiff was driving alone in his 1953 Buick automobile, proceeding in a southerly…