219 Pa. 358 | Pa. | 1908
Opinion by
This was an action to recover damages for injuries sustained by plaintiff,, to himself and his property, while crossing the tracks of the defendant company at grade, near Finleyville, Pa. The appellant does not question the sufficiency of the evidence as to the negligence of the employees of the railroad company, but it contends that the plaintiff was guilty of contributory negligence. The trial judge declined to give binding instructions for the defendant, and submitted the questions of negligence and contributory negligence to the jury. The only question presented by this appeal, is whether under
Under the evidence in this case, it could not properly have been taken from the jury.
The judgment is affirmed.