Hewko

During a strike against plaintiff’s employer (Utility Trailer Manufacturing Company), plaintiff was picketing in the area of a driveway that extends to the delivery entrance to the employer’s place of business. Defendant 0linger, who was delivering supplies to the company, drove a truck (owned by defendant G. I. Trucking Company) into the driveway. While the truck was proceeding along the driveway toward the entrance, the truck and plaintiff came in contact, and plaintiff was injured.

Plaintiff commenced this action for damages for personal injuries, apparently on the theory that his injuries were proximately caused by defendants’ negligence. (The record does not include the complaint or answers thereto.) The record contains several documents submitted at the pretrial conference, including a pretrial order, a separate statement of issues which is signed by plaintiff’s counsel, and a similar statement which is signed by defendants ’ counsel. The pretrial order recites that said statements set forth the issues remaining in dispute. In each statement the following “issues” are listed: negligence, contributory negligence, proximate cause, assumption of the risk, and the nature and…