Smith v. Port Authority Transit

HOFFMAN, Judge:

Appellant argues that the trial court erred in submitting the issue of his contributory negligence to the jury. We agree and, therefore, reverse and remand for a new trial.

On July 29, 1974, appellant filed a complaint in trespass against appellee; he sought to recover for injuries sustained during a motor vehicle accident. At a jury trial in Allegheny County Court of Common Pleas, appellant produced the following evidence: on June 14, 1973, at 8 a.m., appellant was traveling on East Ohio Street in the vicinity of the 31st Street Bridge. East Ohio Street is a 4 lane highway with…