Downing v. Shaffer

HOFFMAN, Judge:

Appellant contends that the lower court erred when it instructed the jury that she could be contributorily negli gent for choosing one of two possible routes from home to work. We agree and, therefore, vacate the judgment and grant a new trial.

The events leading to the instant suit occurred on February 22, 1973, at approximately 8:00 a. m., in Blooms-burg, Columbia County. At trial 1 on June 3, 1974, appellant-plaintiff testified that she was driving her 1972 Chrysler sedan out her driveway onto North Iron Street. She looked both ways for approaching cars, saw no traffic in…