Magasiny v. T. M. Smithian Trucking Co.

Opinion by

Cunningham, J.,

This case was here once before. See 107 Pa. Superior Ct. 84, 163 A. 314. At that time we reversed the court below for refusing to take off the non-suit which it had entered at the close of the plaintiff’s case.* "We thought we had made it plain that the plaintiff could not be held guilty of contributory negligence because he failed to back out of the way of defendant’s truck, if the latter, after veering its course in such a way as to bring the plaintiff to a standstill, stopped and suddenly backed into him.

The facts as testified to by the plaintiff were as follows:…