Mayer v. Pennsylvania Railroad

Opinion by

Stadtfeld, J.,

This case comes before the court on an appeal from the entry of judgment non obstante veredicto. The questions involved in this appeal are: 1. Were the acts of the defendant corporation, by its watchman, such as to constitute negligence? 2. If so, were the negligent acts the proximate cause of plaintiff’s injuries? 3. If so, was the plaintiff free of contributory negligence so as to permit recovery?

If no negligence on the part of the defendant is found, there is no need to discuss the existence or nonexistence of causation and contributory negligence.

The relevant facts…