Earll v. Wichser

Opinion by

Mr. Justice Drew,

Plaintiff brought this action in trespass to recover damages for injuries sustained when he was jolted from the tailboard of a truck owned and operated by defendant. The jury having returned a verdict in plaintiff’s favor, defendant took this appeal from the judgment entered thereon, assigning as error, inter alia, the refusal of the learned court below to grant his motion for judgment n. o. v.

According to plaintiff’s evidence, which is taken as true and viewed in the light most favorable to him, on September 17, 1939, he attended a picnic given by a lodge of which…