Smith v. Philadelphia Transportation Co.

Opinion by

Flood, J.,

The defendant has appealed from a refusal of the court below to enter judgment n.o.v. against the additional defendant, Mrs. Jurewicz, whose car collided with the defendant’s bus in an intersection. Its contention is that as she was admittedly negligent and the negligence of the bus operator was not a superseding cause, her negligence was a proximate cause of the pas senger’s injury. Actually the situation raises neither the issue of superseding cause or proximate cause. The real question is whether the negligence of the addition: al defendant was a cause in fact of the…