Taylor v. Reading Co.

Opinion by

Hibt, J.,

Plaintiff’s appeal questions the propriety of the entry of judgment for defendant company notwithstanding a verdict in his favor.

The controlling question is whether the evidence convicts plaintiff of contributory negligence barring his recovery. If his negligence so clearly appears 'that fair and reasonable individuals could not disagree as to its existence......it may be declared judicially.’ Altomari v. Kruger et al., 325 Pa. 235, 188 A. 828. In passing upon that question, it is our duty to consider not only the evidence adduced by the plaintiff, but 'all the evidence and…