Kelly v. Northampton County Agricultural Society

Opinion by

Mr. Justice Sadler,

Francis Kelly brought an action in trespass to recover damages sustained on September 26, 1922, while em ployed in removing certain goods from the county fair grounds of the defendant. He was thrown from a moving van by coming in contact with a guy wire supporting a telephone pole, and connected with a tree some thirty-one feet distant. A verdict was rendered for the plaintiff. Subsequently, the learned court below entered judgment n. o. v. for the defendant, on the ground that no negligence had been proved, and, further, that there was clear contributory…