Boyle v. Borough of Mahanoy City
Supreme Court of Pennsylvania
Appeal, No. 329, Jan. T., 1897, by plaintiff, from judgment of C. P. Schuylkill Co., July T., 1895, No. 11, on verdict for plaintiff. Trespass for personal injuries. Before Endlich, J., of the 23d judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. The court reserved the point quoted in the opinion of the Supreme Court.
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Appeal, No. 329, Jan. T., 1897, by plaintiff, from judgment of C. P. Schuylkill Co., July T., 1895, No. 11, on verdict for plaintiff. Trespass for personal injuries. Before Endlich, J., of the 23d judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. The court reserved the point quoted in the opinion of the Supreme Court. The jury returned a verdict for plaintiff for $5,000. Subsequently the court made absolute a rule for judgment for defendant non obstante veredicto. Errors assigned among others were (3) in not making a proper reservation; (4) in…
1Opinion of the Court
Opinion bv
Mr. Justice Green,
The chief contention in this case is upon the correctness of the reservation. The defendant submitted a point in the following words: “ That the uncontradicted testimony showing that the plaintiff saw the dangerous condition of the crossing and sidewalk and could have avoided the obstruction by a slight, detour into the street on either side, he was guilty of contributory negligence, and the verdict of the jury must be for the defendant.” ■
The objection to the reservation is that it contains no statement of facts, nor any findings of the jury, raising any legal…
2Cases cited13 opinions
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
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- Fisher v. ScharadinSupreme Court of Pennsylvania · 1898
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