Lynch, Admx. v. Penna. Rd. Co.

OPINION

By ROSS, J.

It is difficult to see how any other verdict could be sustained on such evidence than that returned, regardless of what error the court might have committed in charging the jury, for such showing of facts required an instructed verdict for the defendants; the obvious negligence of the decedent not having been rebutted by any evidence.

The negligence, if such existed, on the part of the Pennsylvania Railroad and the Street Railway Company manifestly could do no more than concur' with the negligence of the decedent in producing his death. The decedent lived within a few squares…