Sears, Roebuck and Co. v. Facciolo

DUFFY, Justice :

Plaintiff sustained personal injuries when the motor vehicle he was driving was struck in the rear by a vehicle owned by Sears, Roebuck and Co. and operated by its employee, Albert Degen (defendants). The Court below directed a verdict for plaintiff on the issue of liability and a jury awarded damages totaling $25,313.95. Defendants appeal both aspects of the case.

I

As to liability, we agree with the Superior Court that only one conclusion was legally and factually possible under the evidence: plaintiff’s injuries were proximately caused by Degen’s negligence. Specifically,…