Modony v. Megdal

Opinion by

Mr. Justice Simpson,

Defendant appeals from a judgment in favor of plaintiff in an action for negligence. Appellant avers that plaintiff was guilty of contributory negligence as a matter of law, and hence asks us to decide only: (1) Whether or not the trial judge erred in refusing to affirm his, appellant’s, point for binding instructions, and (2) Whether or not the court in banc erred in dismissing his, appellant’s, motion for judgment non obstante veredicto.

Plaintiff was a carpenter engaged in carrying on his trade in the Borough of Midland, Beaver County, Pa. Defendant was a…