Rasener v. Atlantic Refining Co.

Opinion by

Keller, P. J.,

We agree with the learned judge of the court below, before whom this case was tried, that the questions of the defendant’s negligence and the plaintiff’s contributory negligence were for the jury; and that the plaintiffs’ contributory negligence did not so clearly appear, from the evidence offered by them, as to require the court to declare it established as matter of law.

The statement of questions involved is limited to matters affecting only the defendant’s right to a directed verdict in its favor, and judgment non obstante veredicto. The assignments of error will be…