Klimczak v. 7-Up Bottling Company Philadelphia

The plaintiff, Stanley Klimczak, sued the defendants, 7-Up Bottling Company of Philadelphia, Inc., and one James H. Boulware, for damages for personal injuries allegedly caused by the negligence of the driver of the 7-Up Companys truck and Boulware, the driver of a truck owned by Lipoffs Wholesale Meat Company. The 7-Up Company brought the Meat Company upon the record as an additional defendant. The jury returned a verdict for the plaintiff against all three defendants jointly. The 7-Up Company moved for judgment n.o.v. on the ground that the evidence was insufficient to support a finding of negligence on its part; Boulware and the Meat Company filed motions for a new trial. The learned court below denied all motions, and respective judgments were accordingly entered on the verdict. Only the 7-Up Company has appealed to this court.