86 Pa. Super. 578 | Pa. Super. Ct. | 1925
Argued October 21, 1925. The defendant appeals from a judgment in favor of the plaintiff, in this action for personal injuries and damages to an automobile. About half past two o'clock on the morning of December 5, 1923, the plaintiff was driving her automobile westwardly on the Walnut Street bridge, in the City of Philadelphia. It was a dark, foggy night. The lights on her car were lit and she was driving at the rate of about fifteen miles an hour. She saw the defendant's wagon when about forty feet ahead of her, also proceeding westwardly. When she got to a point about ten feet in the rear of the wagon she started to turn out, in order to pass around it, and just as she did so a pole which was sticking out of the back of the wagon went through her windshield, hitting the steering wheel of the car and injuring the plaintiff. The only assignments of error are to the refusal of a point for binding instructions and the overruling of a motion for judgment non obstante veredicto.
Did the court err in submitting the case to the jury? In passing upon this question the plaintiff's testimony must be taken in its most favorable light. She is entitled to the benefit of every inference that may be drawn from it: Thatcher v. Pierce,
The judgment is affirmed.