Teubel v. Aronowitz

Opinion by

Hirt, J.,

As a result of a collision in the intersection of two streets in Philadelphia plaintiff’s car was damaged when struck by a ear driven by defendant. In this trespass action brought by plaintiff to recover the cost of repairing the damage to his car, the jury found for the defendant, and the lower court entered judgment on the verdict. Plaintiff seeks a new trial.

In his charge to the jury the trial judge said: “It is . . . incumbent upon the plaintiff to prove, first, that he was free of negligence and, secondly, that the defendant was guilty of negligence . . and again: “I…