Magennis v. Pittsburgh

Opinion by

Me. Justice Jones,

The plaintiffs, husband and wife, sued the City of Pittsburgh for damages for personal injuries sustained by the wife through the City’s alleged negligent failure to maintain one of its streets in a reasonably safe condition. The jury returned a verdict for the plaintiffs upon which the learned court below entered judgment. The defendant appeals and assigns for error the lower court’s refusal to enter judgment for the defendant n. o. v. on the ground that the plaintiffs were guilty of contributory negligence as a matter of law.

About a quarter to nine on the night…