Scheer v. Melville

Opinion by

Mr. Justice Simpson,

Plaintiff recovered a verdict and judgment in an action of trespass for negligence, and defendant appeals. The principal complaint of the latter is that the trial judge erred in refusing his point for binding instructions. In considering this contention, the evidence being entirely oral, differences, in so far as they exist, must be resolved in favor of plaintiff’s version of the matter: Fuller v. Stewart Coal Co., 268 Pa. 328. Thus stated, the facts are as follows:

*403Defendant, a truckman for hire, agreed to haul certain rubber for plaintiff, and to supply a motor…