Starr v. Philadelphia Transportation Co.

Sweney, P. J.,

— Plaintiff brought this action in trespass to recover for injuries sustained by her when she fell on an icy pavement. The jury returned a verdict in plaintiff’s favor in the sum of $2000. Defendant’s request for binding instructions in its favor was refused by the trial judge. The matter is now before the court en banc upon defendant’s motion for judgment non obstante veredicto upon the whole record.

Plaintiff is a school teacher, and was 64 years of age at the time of this occurrence. A review of the testimony in a light most favorable to plaintiff discloses that on January 26,…