Superior Court of Pennsylvania, 1965

Barucky v. Grebb

Barucky v. Grebb
Superior Court of Pennsylvania · Decided November 10, 1965 · Ervin, Flood, Hoffman, Jacobs, Montgomery, Watkins, Wright
206 Pa. Super. 568; 214 A.2d 353; 1965 Pa. Super. LEXIS 849

Barucky v. Grebb

Opinion of the Court

Opinion

Per Curiam,

Judgment affirmed.

Dissenting Opinion

Dissenting Opinion by

Hoffman, J.:

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.

*569A 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. Superior Ct. 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.