Toenges v. Schleihauf

Opinion by

Mr. Justice Horace Stern,

As the court below correctly decided, the contributory negligence of the decedent bars the right of the executor of her estate to recover damages in this action because of her death.

*249As far as defendant’s negligence is concerned the testimony clearly revealed it and it was factually established by the verdict of the jury. At about four o’clock in the afternoon of a March day a truck, a tractor-trailer, employed in defendant’s business, heavily loaded with lumber, was being operated over a public highway in Allegheny County known as Curry Hollow Eoad. The day…