Boden v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 189, Oct. T., 1921, by defendant, from judgment of Municipal Court of Philadelphia, Feb. T., 1921, No. 284, on verdict for plaintiff in the case of John Boden v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before MacNeille, J. The facts are stated in the opinion of the Superior Court- Verdict for plaintiff in the sum of $409 and judgment thereon. Defendant appealed.
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Appeal, No. 189, Oct. T., 1921, by defendant, from judgment of Municipal Court of Philadelphia, Feb. T., 1921, No. 284, on verdict for plaintiff in the case of John Boden v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before MacNeille, J. The facts are stated in the opinion of the Superior Court- Verdict for plaintiff in the sum of $409 and judgment thereon. Defendant appealed. Errors assigned were refusal to give binding instructions and refusal of motion for judgment non obstante veredicto. The plaintiff was guilty of contributory negligence:…
1Opinion of the Court
Opinion by
Keller, J.,
The assignments of error filed in this appeal relate only to the refusal of the court below to give binding instructions for the defendant and enter judgment non obstante veredicto in its favor. Unless, therefore, there was no evidence of negligence on the part of the defendant’s employees, or the contributory negligence of the plaintiff was so clear from all the evidence in the case that the court was bound to determine it as a matter of law, we must affirm the judgment.
The plaintiff’s proof — and we are obliged to consider the evidence from the standpoint most favorable…
2Cases cited4 opinions
- Algard v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- Dyer v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1915
- Ciszkowicz v. Scranton Railway Co.Superior Court of Pennsylvania · 1918
- Conner v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1909