Servito v. Lynch & Sons Van & Storage Co.

In a personal injury action, plaintiff was awarded judgment against defendants, after jury verdict, of $15,000. All defendants appeal.

Questions Presented

1. Was plaintiff guilty of contributory negligence as a matter of law?

2. Sufficiency of evidence as to negligence of defendants.

3. Instructions.

Evidence

The accident occurred about 5 p. m. on Ellsworth Street in the Alemany Housing Project, San Francisco. One Manny Blum (not a defendant), as an employee of defendant Colonial Bakeries, was operating a panel truck in making door to door sales of bakery goods. He drove into the housing project,…