Gerdes v. Booth & Flinn, Ltd.

Opinion by

Mr. Justice Frazer,

The appeal here is from refusal of the court below to enter judgment n. o. v. for defendant in an action in trespass to recover damages for personal injuries sustained by plaintiff through alleged negligence of defendant. The jury returned a verdict for plaintiff in the sum of $7,000, which was reduced by the court to $5,000, which amount was accepted by appellee. The undisputed facts are that Gerdes, a motor truck driver, had brought his vehicle to a stop, parallel with and close to the curb on a public thoroughfare in the City of Pittsburgh, and had mounted the…