Moore v. Patrone

On October 19, 1935, on Washington Street in Easton, the defendant drove his automobile off his left *199hand side of a “through lane, cement paved, state highway, about thirty feet wide, with eighteen-inch macadam shoulders” and struck a telegraph pole located about five feet from the cement pavement, thereby injuring the plaintiff, who was a passenger in the automobile.

The trial judge found as facts that the plaintiff was in the exercise of due care and that the defendant was guilty of gross negligence, and found for the plaintiff.

The evidence was this: After the parties had been riding three…