Carton Et Vir. v. Philadelphia

Opinion by

Rhodes, J.,

Plaintiffs, husband and wife, brought this action in trespass against defendant for injuries to the wife plaintiff as the result of a fall occasioned by a defective sidewalk. Defendant offered no evidence, and at the conclusion of plaintiffs’ case asked for binding instructions which were refused. Judgments were entered on the verdicts for plaintiffs. Defendant’s motion for judgment n. o. v. was dismissed. These appeals followed.

The only question here involved is whether, under the evidence, wife plaintiff was guilty of contributory negligence as a matter of law.

Considerin…