Frantz v. Citizens Electric Co.
Supreme Court of Pennsylvania
Appeal, No. 23, Jan. T., 1911, by defendant, from judgment of C. P. Lycoming Co., Sept. T., 1910, No. 325, on verdict for plaintiff in case of Susan R. Frantz v. Citizens Electric Company. Trespass to recover damages for the death of plaintiff’s husband. Before Hart, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $3,500.
1Opinion of the Court
Opinion bt
Mr. Justice Elkin,
We are asked to say the learned court below committed *591error in not declaring as a matter of law that the deceased husband was guilty of contributory negligence. At the trial the questions of negligence and of contributory negligence were submitted to the jury in a charge fair to both parties and free from just criticism by either. No complaint is made as to the manner in which the questions were submitted, but it is argued with force and ability that the decedent was so clearly guilty of contributory negligence that the duty rested on the trial judge to so declare…
2Cases cited1 opinion
- Combs v. Delaware & Atlantic Telegraph & Telephone Co.Supreme Court of Pennsylvania · 1907
3Cited by3 opinions
- City of Weatherford Water, Light & Ice Co. v. VeitCourt of Appeals of Texas · 1917
- City of Weatherford Water, Light & Ice Co. v. VeitCourt of Appeals of Texas · 1917
- Moretti v. Lehigh Valley Coal Co.Superior Court of Pennsylvania · 1919