Franklin v. Lowe

HARNSBERGER, Justice.

Plaintiff’s action to recover dámages from defendant because of injury plaintiff sustained while he was trying to control defendant’s car, which was slowly rolling unattended down a slightly inclined street, was presented to a jury. At the close of the evidence the court instructed a verdict for defendant, and, judgment being entered thereon, plaintiff appeals.

The material facts as exhibited by the evidence, for the most part, seem undisputed and are as follows.

Defendant left his jeep, which weighed around 3500 pounds, in front of his residence unattended, facing…