NEGLIGENCE-FORESEEABILITY AS A LIMITATION ON LIABILITY

Plaintiff\u27s truck broke down on the road. Another truck driver, attempting to pass plaintiff\u27s truck, became mired beside it, and the two trucks blocked the road. While plaintiff lay under his truck attempting repairs, a bulldozer operated by the defendant approached the two trucks from the rear. The driver of the second truck signaled the defendant to push his, the mired truck, but the defendant, mistaking the signal, pushed plaintiff\u27s truck, causing it to run over plaintiff\u27s legs. The defendant had not seen the plaintiff beneath the truck. The issue of defendant\u27s negligence was submitted to the jury, and verdict was for the plaintiff. On appeal, held, affirmed. The issue of the defendant\u27s negligence was properly for the jury. McDonald v. Ferrebee, 366 Pa. 543, 79 A. (2d) 232 (1951)