Pennsylvania R. v. Bacza
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the District of New Jersey. Action at law by Joseph Bacza against the Pennsylvania Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
In the court below Joseph Bacza recovered a verdict against the Pennsylvania Railroad Company for personal injuries, and on entry of judgment thereon the defendant sued out this writ of error. The case was submitted to the jury in a charge to which no exception was taken, and the sole question before us is the denial of the defendant’s point requesting instructions holding the plaintiff guihy of contributory negligence.
f 1 ] Contributory negligence is a matter of defense, and is ordinarily a question for a jury. Grand Trunk v. Ives, 144 U. S. 408, 12 Sup. Ct. 679, 36…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- United States Express Co. v. KraftCourt of Appeals for the Third Circuit · 1908
3Cited by1 opinion
- Zimmerman v. Pennsylvania Co.Court of Appeals for the Sixth Circuit · 1918