Giovinale v. Republic Steel Corp.

The question in this case is whether under the pleadings and evidence the Court of Common Pleas properly entered judgment for defendant at the end of plaintiff’s case. Republic is no longer in the case, the judgment in its favor having been affirmed by the Court of Appeals and plaintiff having taken no appeal from that judgment in favor of Republic.

The majority opinion in the Court of Appeals rested upon two propositions.

The first was that the trial court could not properly find that plaintiff was guilty of contributory negligence as a matter of law. It is true that the condition of the…