Dodson v. Wilkes-Barre Railway Co.
Superior Court of Pennsylvania
Appeal, No. 27, March T., 1914, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1910, No. 626, on verdict for plaintiff in case of Boyd Dodson v. Wilkes-Barre Railway Company. Trespass to recover damages for injuries to an automobile. Before Garman, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $148.72. Defendant appealed.
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Appeal, No. 27, March T., 1914, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1910, No. 626, on verdict for plaintiff in case of Boyd Dodson v. Wilkes-Barre Railway Company. Trespass to recover damages for injuries to an automobile. Before Garman, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $148.72. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
The single assignment of error complains of the action *329of the learned trial judge in submitting to the jury for its determination the question whether or not the plaintiff had been guilty of contributory negligence. There is no criticism as to the manner in which the question was submitted. The defendant rested its case on the proposition that the learned judge should have declared, as matter of law, the plaintiff could not recover because he had contributed, by his own negligence, to the injury of which he complained.
The plaintiff, a physician residing in the city of…
2Cases cited4 opinions
- Graham v. PhiladelphiaSuperior Court of Pennsylvania · 1902
- Smith v. Jackson TownshipSuperior Court of Pennsylvania · 1902
- Smith v. PhiladelphiaSupreme Court of Pennsylvania · 1907
- Leister v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907