Erdei v. Beverage Distribution Co.

Plaintiff appeals from a jury verdict of no cause of action. We reverse because there was insufficient evidence to support a finding of contributory negligence and, therefore, that issue should not have been submitted to the jury.

Plaintiff’s decedent, Louis Erdei, died of injuries suffered in a collision between his automobile and a trailer truck owned by defendant, Beverage Distribution Company, and operated by Irving James Keisel, defendant’s employee. The collision occurred at approximately 4:30 a.m. on the morning of August 16, 1966, at the intersection of Pelham Road and Ecorse Road in…