Tubbs v. Berwick Borough

Supreme Court of Pennsylvania July 17, 1918

Tubbs v. Berwick Borough, 262 Pa. 203 (Pa. 1918)

105 A. 57; 1918 Pa. LEXIS 620

Brown, Frazer, Mosohzisker, Walling

Opinion of the Court

Per Curiam,

This action was brought for the recovery of damages sustained by the plaintiff in being thrown from a truck while driving over one of the streets of the defendant borough. The testimony warranted a finding by the jury that a ditch in the street was the proximate cause of the accident, and the question of the defendant’s negligence was, therefore, for the jury. That the contributory negligence of the plaintiff was also for their consideration clearly appears from the opinion of the learned judge below, specially presiding, overruling defendant’s motion for judgment non obstante veredicto.

Judgment affirmed.

Reference

Status: Published
Syllabus: Negligence — Boroughs—Streets—•Ditches — Injury to driver of vehicle — Proximate cause — Contributory negligence — Case for jury. Where in an action against a borough to recover damages for personal injuries, it appeared that plaintiff was driving a wagon on a public highway and that he was jolted therefrom as the wagon crossed a ditch, and that from his position on the wagon, plaintiff had a partial hut not entire view of the street, the questions of defendant’s negligence, proximate cause, and contributory negligence of the plaintiff were for the jury and a verdict for plaintiff will he sustained.