Combs v. Delaware & Atlantic Telegraph & Telephone Co.
Supreme Court of Pennsylvania
Appeal, No. 181, Jan. T., 1906, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1903, No. 1,365, for defendant non obstante veredicto in case of Hattie L. Combs v. Delaware & Atlantic Telegraph & Telephone Company. Trespass to recover damages for death of plaintiff’s husband. Before Bréoy, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 181, Jan. T., 1906, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1903, No. 1,365, for defendant non obstante veredicto in case of Hattie L. Combs v. Delaware & Atlantic Telegraph & Telephone Company. Trespass to recover damages for death of plaintiff’s husband. Before Bréoy, J. The facts are stated in the opinion of the Supreme Court. Yerdict for plaintiff for $7,000. On motion of defendant judgment was entered for defendant non obstante veredicto.
1Opinion of the Court
Opinion bt
Mr Justice Elkin,
Ye have laboriously examined this case in order to legally determine the rights of the parties. It is a close case and not free from difficulty. We have had some doubt, after full consideration of all the testimony, whether it was the duty of the trial judge to give binding instructions for defendant, thus deciding as a matter of law that the evidence was insufficient to convict appellee of negligence, or whether, under the established facts, the jury should have been permitted to draw the inference of negligence so as to make the company liable in damages. The…
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