Dennis v. Munyan

Opinion by Hirt, J.,

The verdict for the plaintiff in this case was set aside by the court below and judgment was entered for the defendant n. o. v. on the ground that the plaintiff was chargeable with contributory negligence as a matter of law.

On the evening of August 24,1937 plaintiff was walking westwardly along the north edge of the paved portion of the Lincoln Highway near Downingtown. It was raining and was dark and misty and the visibility was poor. While so walking on the pavement, plaintiff was struck by defendant’s automobile which approached from his rear without warning. This point…