Miller v. Kujak

Appeals from Miller’s judgment. All of the defendants challenge the judgment in favor of Miller on the ground that the jury’s finding that Miller’s car was on the shoulder of the road at the time of the collision is not sustained by credible evidence. The main argument is that the positive testimony of Mr. and Mrs. Miller that their car was wholly on the shoulder when it was hit is rendered incredible as a matter of law by undisputed evidence of physical facts, principally the presence of debris entirely on the pavement, absence of tire marks of Kujak’s heavily loaded truck on the gravel…