Superior Court of Pennsylvania, 1940

Ludwig v. Ewell

Ludwig v. Ewell
Superior Court of Pennsylvania · Decided December 13, 1940 · Keller, Cunningham, Baldrige, Stadtfeld, Rhodes, Hirt
18 A.2d 75; 142 Pa. Super. 580; 1941 Pa. Super. LEXIS 278 (Atlantic Reporter, Second Series)

Ludwig v. Ewell

Opinion of the Court

Per Curiam,

This was an action of trespass growing out of a collision between two motor trucks, which occurred at a narrow bridge on State Highway Route No. 73. The evidence was conflicting as to who was first at the bridge and who was at fault. It raised issues of fact as to the negligence of the defendant’s driver and the contributory negligence of the plaintiff’s driver, which, in our opinion, were for the jury to decide. Their verdict was for the plaintiff.

The case was submitted to the jury in a fair and adequate charge, to which the appellant took no exception beyond the refusal of his point for binding instructions, the affirmance of which, under all the testimony, would have been error.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.