Shearer v. Pittsburgh Railways Co.

Rhodes, J.,

Opinion by

This is an action in trespass, and the one question raised on this appeal is whether plaintiff was guilty of contributory negligence as a matter of law. Plaintiff received personal injuries as the result of defendant’s negligence. The jury returned a verdict for plaintiff. Defendant’s motions for judgment n.o.v. and for a new trial were refused, and judgment was entered on the verdict. Defendant has appealed, and assigns as error the refusal of its motion for judgment n.o.v.

When the testimony is viewed in the light most favorable to plaintiff, as we are required to…