238 Pa. 371 | Pa. | 1913
Opinion by
Margaret Ake brought an action of trespass against the City of Pittsburgh to recover damages for the death of her husband. On July 20, 1908, at about six o’clock in the evening, the latter was driving a one-horse “spring-wagon,” such as is commonly used in the huckstering business, in a northerly direction on Sycamore street (a public thoroughfare running from the top of Mt. Washington down to Carson street in the City of Pittsburgh); when he reached Vinecliff street his wagon was overturned and he was thrown beneath it and killed. At the point where the accident occurred Sycamore street is intersected on its western side by Vinecliff street, and at this place two planks were laid across Sycamore street to provide a foot-path for pedestrians who might desire to cross to its eastern side. A short
The appellant contends that under the evidence it should have been held as a matter of law that the deceased was guilty of contributory negligence, and that the defendant was entitled to judgment non obstante veredicto; further, that the trial judge erred in excluding expert testimony offered to show that the deceased could have driven past the place of the accident in safety. A review of the entire record convinces us that the defendant’s negligence and the decedent’s contribu
The assignments are all overruled and the judgment is affirmed.