169 A. 106 | Pa. | 1933
Argued September 28, 1933. Defendant appeals from refusal of the court below to sustain his motion for judgment non obstante veredicto on a verdict in favor of plaintiff against him for injuries received in an automobile accident.
The facts are practically undisputed. The accident occurred on July 22, 1931, at 9:30 p. m., while defendant, driving his sedan car, was returning to Punxsutawney from an automobile ride with plaintiff and three other guests. The car was traveling on a descending grade of 5.4 per cent, with a slight curve. Rain had fallen during the evening and the macadam road was wet. The car was at the time operated in free wheeling, in other words, it was coasting, at a speed of about 40 miles an hour, and upon defendant's applying the hydraulic, four-wheel brakes, it skidded sharply to the left, *73
striking the left bank of the road and turning completely around, throwing two other guests who were riding with plaintiff on the back seat against her with such force as to severely and permanently injure her. The skidding of the car would not of itself establish negligence upon the part of defendant (Johnson v. American Reduction Co.,
Judgment affirmed.