Carden v. Philadelphia Transportation Co.

Opinion by

Mr. Justice Hobace Stebn,

The verdicts in these cases were for plaintiffs, bnt defendant moved the court below to enter judgments in its favor on the ground that plaintiffs were guilty of contributory negligence as a matter of law. The court refused the motion. Its action was proper because contributory negligence may be declared judicially only when so clearly revealed that fair and reasonable persons cannot disagree as to its existence, and here it was not so revealed.

In the pre-dawn darkness of a December morning the three plaintiffs were riding in a one-seat, three passenger,…