Correll v. Werner

HOFFMAN, Judge:

Appellant contends that the lower court erred in directing verdicts for appellees in these vehicular negligence actions because the issue of contributory negligence should have been submitted to the jury. 1 We agree and, accordingly, reverse the judgments of the court below and remand for a new trial.

“In our Commonwealth, it has long been held that only in a case where the facts are all clear, and there is no room for doubt, should the case be removed from the jury’s consideration, and a motion for a directed verdict or binding instructions be granted.” Stephens v. Carrara, 265…