Martz v. Traction Co.
Martz v. Traction Co.
Opinion of the Court
Opinion by
The appellant seems to forget that he got a verdict — not much of a verdict it is true but a verdict nevertheless — and
It is true, as alleged in the second specification, that one of the four witnesses called by the defendant did not say that the bell was rung. The other three united in their testimony as to that fact and the fourth said nothing upon the subject. There was, therefore, no disagreement as to that fact. It was not absolutely correct but, under the circumstances, it was not reversibly erroneous.
The portion of the charge complained of in the fourth specification of error is somewhat obscure as to what constitutes contributory negligence but, in the light of what was previously said upon this subject, the jury could not have been misled and in fact were not, for, if they had been influenced in any way by the expression complained of, the verdict must have been for the defendant.
There is nothing in any of the assignments of error, in view of the verdict, requiring further comment and they are all, therefore, overruled.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.