Jones v. Pennsylvania Railroad Company

Carey, J.:

This is an action for damages on account of the death of plaintiff’s wife, who was killed in a collision between defendant’s train and a car driven by the plaintiff in which his wife was a passenger. The jury was told, over plaintiff’s objection, that contributory negligence, if any, of the plaintiff himself would constitute a defense. The jury returned a verdict for the defendant, and plaintiff has moved for a new trial upon the ground that the Court erred in charging the jury as aforesaid.

The action is based upon Title 10, Section 3704(b) which reads as follows:

“(b) Whenever death…