Thornton Fuller Automobile Co. v. Philadelphia Rapid Transit Co.

Opinion by

Gawthrop, J.,

The defendant appeals from a judgment entered on a verdict against it in an action of trespass for damages resulting to plaintiff’s motor bus from a collision between the latter and one of defendant’s trolley cars. Its only assignments of error assert that the trial judge erred in refusing its point for binding instructions, and the court in banc in dismissing its motion for judgment non obstante veredicto.’

Accepting as true, as we must in the circumstances, all of the evidence and inferences fairly dedueible therefrom, favorable to the plaintiff, the judgment should be…