Seader v. Philadelphia

Dissenting Opinion by

Mr. Justice Jones:

It is important to bear in mind that the sole basic question on this appeal is whether the evidence in the case justified the jury’s finding that negligence on the part of the defendant was the proximate cause of the fatal injuries to Conrad Seader for Avhose death the instant suit Avas brought by his parents and his administrator for the recovery of damages. Admittedly, no question of contributory negligence, as a matter of law, is here involved.

The action of the court below in entering judgment n. o. v. for the defendant rests solely upon the court’s…