Davidson v. Lake Shore & Michigan Southern Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 152, Oct. T., 1896, by defendant, from judgment of C. P. Venango Co., on verdict for plaintiff. Trespass for personal injuries. Before Criswell, P. J. Tbe case was previously reported in 171 Pa. 522. The facts appear by the opinion of the Supreme court. Defendant’s eighth point and answer thereto were as follows: 8. That under all the evidence the verdict must be for the defendant.
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Appeal, No. 152, Oct. T., 1896, by defendant, from judgment of C. P. Venango Co., on verdict for plaintiff. Trespass for personal injuries. Before Criswell, P. J. Tbe case was previously reported in 171 Pa. 522. The facts appear by the opinion of the Supreme court. Defendant’s eighth point and answer thereto were as follows: 8. That under all the evidence the verdict must be for the defendant. Answer: Refused. [6] Verdict and judgment for plaintiff for $1,443.00. Defendant appealed. .Error assigned among others was (6) above instruction, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This case was before us first in 1895 on the appeal of the plaintiff from a judgment of nonsuit. The question then *229raised was whether upon the facts disclosed by the evidence the question of the plaintiff’s contributory negligence was one of law for the court, or one of fact for the jury. We held it to be one of fact for the jury, and sent the case back for a new trial, in order that the question might be properly submitted to them. It is reported in 171 Pa. 522. Upon the new trial the learned judge submitted this question of contributory negligence, with…
2Cases cited2 opinions
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
3Cited by7 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MilesIndiana Supreme Court · 1904
- Fennell v. HarrisSupreme Court of Pennsylvania · 1898
- Moore v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
- Muscarro v. New York Central & Hudson River RailroadSupreme Court of Pennsylvania · 1899
- Forno v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
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