Deibold v. Sommerville

Opinion by

Jacobs, J.,

Defendant appeals from a judgment entered in favor of the plaintiff on a verdict of $4,650 after a refusal of his motion for judgment n.o.v. The sole issue raised on.this appeal is whether or not the plaintiff was contributorily negligent as a matter of law.

In considering a request for judgment n.o.v. we are required to examine the testimony in the light most favorable to the verdict-winner, giving him the benefit of every fact and every reasonable inference of fact arising therefrom and resolving any conflict in the evidence in his favor. Payne v. Wheeler, 207 Pa.…