Katz v. Harrington

PEARSON, Chief Judge.

The plaintiff in the trial court appeals from judgments for the two defendants entered upon orders directing verdicts. At the conclusion of all the testimony, the trial court struck a defense of contributory negligence and then directed the verdicts, thereby in effect ruling that the plaintiff had failed to establish a prima facie case of negligence.

Appellant Katz’s car was struck as it proceeded on the North-South Expressway by a car owned by appellee Farias. Farias’s car suddenly backed off the parkway portion of the expressway and onto the roadway. The engine had been…