Schlag v. Paffney

The trial court set aside the verdict for the reason that the evidence established by an overwhelming preponderance that the defendant was negligent in the operation of the truck, and that such negligence was the proximate cause of the death of the decedent, and that the conclusion was inescapable that the jury were moved by inadmissible considerations and that the verdict was the product of sympathy or prejudice.

The negligence claimed by the plaintiff to have been proved was in the operation of the truck at a reckless and dangerous rate of speed. Three witnesses testified in behalf of the…