Boor v. Schreiber

Opinion by

Kenworthey, J.,

In this negligence case defendants appeal from the refusal of their motion for judgment n.o.v. They contend the evidence fails to establish negligence on the part of the driver of their truck and that it convicts plaintiff of contributory negligence as a matter of law. The facts, as stated in the light most favorable to plaintiff, are briefly as follows:

About eleven o’clock on the night of February 18, 1940, plaintiff’s truck was being operated by his employee (plaintiff was riding beside him) westwardly along the Lincoln Highway in Somerset County. Al though the…