Listino v. Union Paving Co.

Opinion by

Mr. Justice Bell,

Was defendant’s negligence the proximate cause of the accident, or did the acts of plaintiff’s husband break the causal connection and become the superseding cause of the accident?

Considering the evidence in the light most favorable to plaintiffs, as we must on a motion for judgment non obstante veredicto, these are the facts:

Clara Listino was a passenger in the car driven by her husband proceeding south on Sproul Boad — a wide concrete two lane highway — at about 30 to 35 miles an hour, on the evening of November 21, 1952. The night was dark and rainy with no…