Wodill v. Sullivan

Brown, J.

(dissenting). I do not think it is a uniform physical fact that reduction of speed is necessarily gradual on an upgrade when the car is in gear and the driver takes his foot off the gas pedal. The jury is the judge of the credibility of the witnesses and the weight to be given their testimony and is likewise the body empowered to draw such inferences as the evidence will reasonably permit. It is as familiar with the behavior of automobiles as judges are. In my opinion the direct testimony of Hendricks that the Cadillac slowed down suddenly, together with Kasiewicz’ testimony that he removed his foot from the gas pedal just before the collision and the admitted fact that he intended to come very nearly to a stop not more than 230 feet farther on presents at least a jury question as to whether the Cadillac’s deceleration was or was not sudden. It is admitted that no preliminary signal was given. In my view the question was one for the jury and the verdict should stand.

Mr. Justice Martin and Mr. Justice Broabfoot join in this dissent.