Kurtz v. Philadelphia Transportation Co.

Opinion by

Mr. Justice Musmanno,

The plaintiff in this case, Andrew C. Kurtz, was seriously injured when the 1951 Mercury automobile which he was driving was struck by a street car of the defendant Philadelphia Transportation Company. The jury returned a verdict for the plaintiff and the defendant has appealed, asking for judgment n.o.v., or, alternatively, a new trial, alleging errors in the judge’s charge.

Since the plaintiff won the verdict we are required to peruse the pages of the record under a lamp which resolves all doubts, contradictions and ambiguities in favor of the plaintiff and…