Opinion
September 16, 1965.
November 10, 1965.
Before ERVIN, P.J., WRIGHT, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (WATKINS and FLOOD, JJ., absent).
Appeal, No. 509, Oct. T., 1965, from judgment of Court of Common Pleas of Lackawanna County, March T., 1964, No. 584, in case of Agnes Barucky, in her own right, et al. v. Edwin S. Grebb. Judgment affirmed.
Trespass for personal injuries and property damage. Before ROBINSON, J.
Verdict for plaintiff in the sum of $3,539.13; defendant's motion for judgment n.o.v. granted. Plaintiff appealed.
William M. Murphy, for appellant.
John E.V. Pieski, with him William J. Dempsey, for appellee.
Argued September 16, 1965.
Judgment affirmed.
In this automobile collision case, the jury brought in a verdict for the plaintiff. The lower court granted judgment n.o.v. for the defendant on the ground that plaintiff was guilty of contributory negligence.
A court should enter judgment n.o.v. only where the evidence, read in the light most favorable to the prevailing party, so clearly shows contributory negligence, that reasonable minds cannot differ as to its existence. Jordan v. Kennedy, 180 Pa. Super. 593, 119 A.2d 679 (1956). In my opinion, the jury's verdict, in the instant case, was neither arbitrary nor capricious, and the court abused its discretion in substituting its judgment for that of the jury.
I would reverse the judgment n.o.v. and reinstate the verdict of the jury.