Lobert v. Pack
Pennsylvania Supreme Court
9 A.2d 365 (1939)
- Written by Meagan Anglin, JD
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.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.