Sechler v. Freeze

The single question presented by this appeal is whether the court erred in allowing defendant’s motion for judgment as of nonsuit.

The plaintiff’s evidence is not at variance with the defendant’s version of how the injury occurred. Indeed, the testimony of Dr. Wrenn, showing grave injuries to the head and arm but no serious injury to legs or hips, indicates that intestate was not struck by the bumper of the ear, but rather tends to show that he must have lunged forward, as the defendant said, with his arm and head coming in contact with the front part of the car above the bumper where the…