Archer v. Pennsylvania R.R. Co.

Argued November 19, 1949. Plaintiff, in a trespass action, asked for damages for personal injuries caused her when broken glass from a window of defendant's coach, in which she was a passenger, entered her left eye. A jury returned a verdict of $1,150 for plaintiff. Defendant's motions for judgment n.o.v. and for a new trial were refused. This appeal by defendant followed.

Appellant contends that appellee was contributorily negligent as a matter of law; and that the charge of the court was so inadequate as to constitute fundamental error because the trial judge in his charge (1) failed to…