Yurkonis v. Dougherty

Opinion by

Mr. Justice Arnold,

Plaintiff appeals from the refusal of her motion for new trial in this action of trespass. The action was brought to recover damages for injuries and death of decedent, who was fatally injured as a result of being struck by an automobile operated by defendant. The case was submitted to the jury, which found both defendant and decedent negligent.

To overcome defendant’s testimony as to contributory negligence, plaintiff relied upon Circumstances and inferences, as well as upon the presumption that the decedent used due care.

Plaintiff alleges several trial errors,…