Davis v. Pittsburgh Railways Co.

Opinion by

James, J.,

Plaintiff brought an action in trespass to recover damages resulting from a collision between defendant’s street car and a motor hearse owned and driven by plaintiff. At the trial, defendant offered no testimony but submitted a point for binding instructions. The jury found for plaintiff, whereupon defendant filed a motion for judgment n. o. v., which was later granted on the ground of plaintiff’s contributory negligence. From the judgment entered for defendant, plaintiff appeals.

Reading the testimony in the light most advantageous to plaintiff and resolving all doubts in…