This is an action to recover damages resulting from a collision between an automobile and a truck at the intersection of two streets. The verdict was for the plaintiff in the sum of $1,600. Plaintiff filed a motion for a new trial on the ground of inadequacy of the verdict. He has since stated, by his attorney, that he does not desire to prosecute the motion further. Defendant filed a motion to have the verdict and judgment set aside and for the entry of judgment in its favor, on the ground that the plaintiff was guilty of contributory negligence. This is the motion which is now before us.
In the consideration of this motion, all the evidence favorable to the plaintiff, together with the inferences that may be reasonably drawn therefrom, are to be accepted as true. Gunning v. Cooley, 281 U.S. 90, 50 S. Ct. 231, 74 L. Ed. 720.
Under the evidence, the jury was warranted in finding that plaintiff was not guilty of negligence; also, if he was negligent, that his negligence did not contribute to the accident and the injuries received by him. Under the facts as above stated, which the jury had the right to find under the evidence, the plaintiff exercised the care that a reasonably careful and prudent driver should exercise under like circumstances. This conclusion is strengthened by the rule that plaintiff had the right to assume that the truck of the defendant, which was at plaintiff's left, would be run in a reasonably careful and prudent manner under the circumstances. Freedman v. Ziccardi, 151 Pa.Super. 159, 30 A.2d 172, Keller, P.J.