Arnell v. Gordon

The defendant reviews by writ of error a judgment for plaintiff in an action to recover damages for injuries sustained by her when struck by a motor truck driven by one of defendant’s employees. The only assignment of error discussed by defendant’s counsel is the denial of his motion for a directed verdict because of the contributory negligence of plaintiff. On such a motion, the evidence must be considered in the light most favorable to the plaintiff’s right of recovery.

The plaintiff testified that on the afternoon of May 16, 1923, she alighted from the rear end of a street car at the…