Amey v. Scranton

Opinion by

James, J.,

The City of Scranton has appealed from a judgment obtained against it, for personal injuries sustained by appellee while walking along a dirt road in a city park, used by pedestrians and vehicles. At bar, appellant’s counsel conceded that the city was guilty of negligence in failing to erect a guard rail at the point of the accident; but argued the facts establish that appellee was guilty of contributory negligence and its motion for judgment n. o. v. should have been granted.

On the evening of July 1, 1934, between nine and ten o’clock, Sophia Amey, in company with her…