Zurcher v. Pittsburgh Railways Co.

Opinion by

Me. Justice Jones,

The plaintiff recovered a verdict for personal injuries suffered allegedly as a result of the defendant’s negligence. Motions for a new trial and for judgment n. o. v. were filed by the defendant, the latter motion being based upon the contention that, on the plaintiff’s own showing, he was guilty of contributory negligence as a matter of law. The learned court below denied both motions but conditioned its refusal of a new trial upon the filing by the plaintiff of a remittitur for one-half of the amount of the verdict returned by the jury. A remittitur was duly…