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Lobert v. Pack

9 A.2d 365 (1939)

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Lobert v. Pack

Pennsylvania Supreme Court

9 A.2d 365 (1939)

Facts

Elnor Lobert (plaintiff) was driving a car early one morning. Ralph Pack (defendant) was riding in the same car in the seat directly behind Lobert’s. While Lobert was driving, Pack was kicking the back of her seat, and Lobert told him to stop. Pack complied and later fell asleep for around two miles, at which point Lobert’s seat was suddenly kicked in, causing Lobert to lose control of the car and crash. At the time Lobert’s seat was kicked in, Pack was asleep. Lobert sued Pack for the injuries she sustained. During the trial, the trial court instructed the jury that if the jury believed Pack was asleep at the time of the accident, the jury should find for Pack. The jury found for Pack, and Lobert appealed.

Rule of Law

Issue

Holding and Reasoning (Barnes, J.)

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