Bennett v. Lufkin

In this automobile accident case the plaintiff recovered a jury verdict of $152 for damages to his sedan sustained in a collision with a milk truck driven by the defendant. The case is before us on defendant’s general motion to set aside the verdict and to grant a new trial. The only issue is whether the jury was manifestly wrong in finding the plaintiff was free from contributory negligence. Neither negligence of defendant nor the amount of damages is questioned.

We must view the evidence in the light most favorable to the plaintiff. The defendant has the burden of convincing us that the jury…