249 Pa. 541
Decided May 17, 1915
Supreme Court of Pennsylvania · decided 1915-05-17
Appeal, No. 187, Jan. T., 1915, by defendant, from judgment of C. P. McKean Co., Oct. T., 1913, No. 21, on verdict for plaintiff in case of James Fink v. Frank Sullivan Smith, as Receiver of The Pittsburgh, Shawmut & Northern Railroad Company. Trespass to recover damages for personal injuries.
Affirmed · Decided 1915-05-17
¶1The negligence of the defendant and the contributory negligence of the plaintiff were, under all the evidence, questions for the jury, and no reversible error is discoverable in the submission of those questions to them. While that portion of the charge which is the subject of the tenth assignment is not approved, it does not call for a retrial of the case.
¶2Judgment affirmed.