United Electric Railways Co. v. Pennsylvania Petroleum Products Co.

I am unable to agree with my associates in their decision of this case. I have not been able to find in the transcript any evidence from which, in my judgment, the jury could reasonably have found that the plaintiff was guilty of contributory negligence. The trial justice was evidently of the same opinion, when he said, in denying the plaintiff’s motion for a new trial, “I think it is clear that the plaintiff was not guilty of contributory negligence.”

As there was no special finding by the jury either on that issue or on the issue of negligence by the defendant causing the collision, it is…