238 Pa. 1 | Pa. | 1913
Opinion by
It may be conceded that upon the question of the contributory negligence of the appellee this is a close case, but after a careful review of all the testimony we have concluded it was for the jury. Whether the driver of the team stopped, looked and listened at a proper place, or failed in the performance of any other duty required of him under the circumstances, were questions of fact for the jury and not of law for the court. The testimony is conflicting and the facts are not so clear as to warrant the court in declaring the plaintiff guilty of contributory negligence as a matter of law. We are all of opinion that the questions of negligence and of contributory negligence were for the jury.
The remaining assignments of error are of minor importance, and relate mainly to the rejection and admission of testimony. It will be unnecessary to discuss these assignments at this time. When the case is again tried these matters can be called to the attention, of the trial judge and no doubt will be properly disposed of.
Judgment reversed and a venire facias de novo awarded.