Smith v. Sneller

Opinion by

Mr. Justice Drew,

This is an action in trespass in which plaintiff recovered a verdict and judgment. On appeal, the Superior Court reversed the judgment on the ground that plaintiff was guilty of contributory negligence, and entered judgment n. o. v. for defendant Sneller, he alone having appealed. This appeal was then specially allowed.

The opinion of the learned Superior Court, written by Judge IIirt, reported at 147 Pa. Superior Ct. 231, accurately states the facts as follows: “Plaintiff, while engaged in a house to house canvass as a salesman of small articles, was injured in…