Whisnant v. Aetna Casualty & Surety Insurance Co.

The primary question presented for determination is whether or not under the facts in this case the court below committed reversible error in sustaining defendant’s motion for judgment as of nonsuit.

In the case of Katz v. Ocean Acc. & Guarantee Corp.., Ltd., 112 N.Y.S. 2d 737, the plaintiff’s wife had parked the plaintiff’s automobile in front of their home. The driver’s seat, where the plaintiff’s wife had been seated, was toward the center of the roadway. She alighted from the automobile and was in the act of locking the car with her hand upon the door, when suddenly perceiving an oncoming…