Rutovitsky v. Magliocco

Opinion by

Mr. Justice Bok,

The plaintiff, appellee, has a verdict for personal injuries. The questions raised by motions for a new trial and for judgment n.o.v. are the plaintiff’s contributory negligence and the lack of defendant’s negligence.

The facts, established by the verdict most favorably to the plaintiff, are these:

He was returning home on foot from a personal errand. He is a small man and was seventy-two years old at the time of the accident. He reached the crosswalk at the northwest corner of two Philadelphia streets, Ninth and Shunk, and was facing east in' order to cross Ninth on…