Guarnaccia v. Wiecenski

In this action for damages for personal injuries sustained by the plaintiff as passenger in the defendants’ motor vehicle, in consequence of their negligence, the plaintiff had a verdict. The defendants have appealed from the court’s denial of their motion to set it aside, and also from the judgment. The first question upon the former appeal is whether the plaintiff was contributorily negligent as a matter of law. The jury could reasonably have found these facts: The plaintiff, employed as a shoveler, on the morning of August 12, 1940, was riding, at the direction of his foreman, in the body…