Nikl v. Wilkes-Barre Railway Co.

Superior Court of Pennsylvania July 17, 1919

Nikl v. Wilkes-Barre Railway Co., 72 Pa. Super. 11 (1919)

1919 Pa. Super. LEXIS 234

Keller, Orlady, Porter, Trexler, Williams

Opinion of the Court

Per Curiam,

The disputed facts of this case were fully and fairly submitted to the jury by the learned trial judge; afterward carefully considered and disposed of in an opinion refusing to enter judgment non obstante veredicto, and it would be mere repetition to further consider them. A jury alone could dispose of the disputed facts, and the defendant’s contention that under all the evidence the verdict must be in its favor, simply transfers the consideration of the disputed facts from the jury to this court.

After a careful examination of the testimony we are satisfied that the case was rightly submitted to the jury, and their verdict fully warranted by the facts.

The judgment is affirmed.

Reference

Full Case Name: Nikl v. Wilkes-Barre Railway Company
Cited By: 1 case
Status: Published
Syllabus: Negligence — Automobiles—Collision with trolley car — Contributory negligence — Case for jury. In an action to recover damages for injuries sustained in a collision between a trolley car and a motor truck, the case is for the jury, and a verdict for the plaintiff will be sustained, where it appears that the plaintiff was riding on the running board of the motor truck, which had stopped in obedience to traffic regulations, in close proximity to the tracks of a street railway company and was struck by the rear end of the trolley car as it rounded the curve. When one who is without fault is unexpectedly placed in a position of peril, he is to bo dealt with in the light of his surroundings at the time, and he is not necessarily negligent even though his judgment was wrongly exercised.