Schildnecht v. Follmer Trucking Co.

Opinion by

Mr. Justice Drew,

Defendant frankly admits that its driver was negligent, as well it might since that fact is established by the verdict based on substantial testimony. The sole question for decision is the alleged contributory negligence of plaintiff, which we are asked to declare as a matter of law, the jury having found otherwise. After the entry of judgment, the court en banc having refused defendant’s motion for judgment non obstante veredicto, this appeal was taken. The facts are brief, and we shall consider them in the light most favorable to plaintiff as we are required to…