Gilbert v. Stipa

Opinion by

Rhodes, J.,

Plaintiff obtained a verdict for personal injuries; defendant contends that plaintiff should have been held guilty of contributory negligence as a matter of law. Defendant has appealed from the judgment entered on the verdict, and assigns as error the refusal of his motion for judgment n. o. v.

Plaintiff was walking south in the cartway of Fifth Street, Philadelphia, during the early morning of January 27, 1943, when he was struck and injured by defendant’s automobile which was being driven by defendant in the same direction. The accident occurred about 6 A. m. It was…