71 A.2d 842 | Pa. Super. Ct. | 1949
Lead Opinion
Argued October 4, 1949. Samuel Loney and Mary Loney, his wife, appellees, instituted this action to recover damages for injuries *380 sustained by the wife when she slipped and fell as she was leaving the place of business of appellants. At trial, at which appellants offered no testimony, the jury rendered verdicts for both appellees. These appeals are from the judgment of the court below dismissing appellant's motion for judgment n. o. v.
The evidence must be viewed in a light most favorable to appellees, resolving all conflicts in the testimony in their favor, and according them the benefit of every favorable inference of fact reasonably deducible from the evidence: (Miller v. Duffee Transfer Company,
The single question raised by these appeals is whether there is evidence to warrant the jury in finding that the manner of appellants' use of the sweeping compound was the proximate cause of Mrs. Loney's injuries. The question of appellants' negligence is conceded; that question is not raised in the statement of questions involved nor argued in the brief. Questions not so raised need not be considered on appeal. Cf.Sladkin v. Greene,
Where, as here, there may be a reasonable difference of opinion as to whether appellants' negligence was the proximate cause of the injuries, the question of legal causation is for the jury. Cf. Tremaine v. H. K. Mulford Co.,
Appellants' argument challenging, on the ground of remoteness, the admissibility of the husband's testimony of finding sweeping compound on his wife's shoes an hour after the accident is not properly before us. No motion for a new trial was filed below charging error therein and appellant may not now for the first time raise that question here.
Judgments affirmed.
Addendum
The foregoing opinion was prepared by Judge FINE before his resignation on March 1, 1950. It is now adopted and filed as the opinion of the Court. *383