184 Pa. 19 | Pa. | 1898
Lead Opinion
Opinion by
The plaintiff claims compensation for an injury which he alleges he received through the negligence of the defendant. That the defendant’s car collided with the plaintiff’s wagon and that one of the consequences of the collision was that the plaintiff was thrown from the wagon to the ground is undisputed. Whether the occurrence was attributable to a want of reasonable care on his part or to negligence on the part of the defendant were questions for the jury upon the evidence applicable to them. It is not contended that the evidence affecting these questions was insufficient to warrant their submission to the jury. It is true that the excerpt from the charge which is the subject of the fifth assignment is criticised by the defendant as unauthorized and partial. The criticism does not involve a denial of the sufficiency of the evidence, but it alleges a misstatement of it in the instruction. A careful examination of the evidence affecting the questions of negligence and of the ■ instruction’s applicable to them has satisfied us that there is no merit in the criticisms of the excerpt referred to, when it is' considered, as it should be, in connection with the other parts: of the charge relating to the same subject.
The third assignment is based on the refusal of the defendant’s fourth point, which is as follows: “ There is no evidence1 connecting the plaintiff’s present condition with any negligence;
The remaining assignments may be considered together. They refer to the defense founded upon the release and to the instructions in regard to it. It seems that one evening, in December, about three weeks after the collision, Wheeler, the defendant’s paymaster, and Irwin, the defendant’s superintendent, with the aid of a colored man they had never seen before, found their way to the house of the plaintiff for the purpose of obtaining a settlement of his claims, arising from the occurrence of November 28, against their employer. They found him in bed and, according to their version of his condition, competent to make the settlement they sought. They testified that they paid him $40.00, and that he was satisfied with that sum ; that Wheeler then signed the plaintiff’s name to the release
Judgment affirmed.
Dissenting Opinion
dissenting.
I am not able to agree with the majority of the Court in the disposition of this case. I do not consider that there was any evidence of negligence of the defendant company, and therefore the case should have been withdrawn from the jury. The