37 A.2d 524 | Pa. | 1944
This is an action in trespass by Chauncey R. Buohl, appellee, and Matilda Buohl, his wife, against Lockport Brewing Company, appellant, to recover damages resulting when appellee, temporarily blinded by the headlights of an oncoming vehicle, drove into the rear of appellant's unlighted tractor-trailer which was standing on the highway. A jury returned a verdict in favor of Chauncey Buohl, appellee, in the amount of $5,660 and in favor of Matilda Buohl in the sum of $2,548.35. This appeal is from the refusal of the court below to enter judgment non obstante veredicto against the husband appellee. The verdict in favor of the wife has been paid.
Viewing the evidence most favorably to appellee and giving him the benefit of all inferences properly to be deduced therefrom and rejecting all oral evidence to the contrary (Ashworth v. Hannum,
Appellant's request for binding instructions, for the reason that appellee was guilty of contributory negligence as a matter of law, was refused, and its subsequent motion for judgment non obstante veredicto overruled. Appellant does not contest the propriety of the judgment in favor of Matilda Buohl.
The operator of a motor vehicle is not bound to foresee that another will permit his vehicle to stand on the highway at night without lights: Nelson v. Damus Bros. Co., Inc.,
Judgment affirmed. *380