Marth v. Lambert

I am not in accord with the opinion of Mr. Justice BUTZEL. Citation of authority is unnecessary to establish the rule that on appeal from a judgment non obstante veredicto in favor of the defendant, the evidence must be viewed in the light most favorable to plaintiff. Under the application of the above rule we find that the accident happened about 1:30 a. m., on June 9, 1937, on a highway known as US-23. The highway at the scene of the accident consisted of three lanes, each lane being 11 feet wide. Plaintiff was traveling north; and at a point about one mile south of the scene of the…