Holland v. Kohn

Opinion by

Keller, P. J.,

The only question involved in this appeal is whether the plaintiff’s contributory negligence was so clearly established by the evidence in the record as to justify the court below in deciding it as matter of law and entering judgment for the defendant notwithstanding the verdict in plaintiff’s favor. .

The governing rule was laid down by the Supreme Court in Altomari v. Kruger, 325 Pa. 235, 240, 188 A. 828, 831 (1937), where the present Chief Justice, speaking for the court, said that contributory negligence can be declared judicially, as matter of law, only in those…