
    Sarah Gallub, as Administratrix of the Estate of Benjamin Gallub, Deceased, Respondent, v. Edward Cirillo et al., Appellants.
   The appellants’ truck, because of engine trouble, stopped in the nighttime alongside the right-hand curb on Roosevelt Boulevard, in the city of Philadelphia. A truck driven by plaintiff’s intestate crashed into the rear of appellants’ truck, and a fire followed. The action is against the owner and the driver of the appellants’ truck to recover damages for the death of plaintiff’s intestate. Judgment, entered on the verdict of a jury in favor of plaintiff, reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the verdict is against the weight of the evidence. Carswell, Johnston and Nolan, JJ., concur; Hagarty, Acting P. J., and Adel, J., concur in the reversal of the judgment but dissent as to the granting of a new trial and vote to dismiss the complaint, with the following memorandum: The evidence conclusively establishes the negligence of the deceased driver. Moreover, the oral testimony that the appellants’ truck was obscured from view because of a hill, until a following driver would reach a point within fifty or seventy-five feet of appellants’ truck, is incredible as a matter of law in view of the photographs and surveys and the testimony relating thereto.  