Stickel v. Cassasa

The original plaintiffs, husband and wife, were injured by a collision between a truck with trailer owned by the defendant, driven by his servant in the course of his employment, and an automobile sedan, driven by the wife, in which they were riding.

The question for determination is whether there was error in denying the defendant’s motion that verdicts in his favor be directed.

The trial judge could not properly direct verdicts for the defendant unless evidence binding upon the plaintiffs, as matter of law, required a finding either that the driver of the truck was not negligent, or that the…