Clinger v. Director General of Railroads

Citations

• 271 Pa. 88
• 113 A. 830
• 1921 Pa. LEXIS 460

Syllabus

<p>Negligence — Railroads—Automobiles — Right-angled collision— Contributory negligence — Case for jury — Motion for judgment n. o. v. — Withdrawal of motion for new trial — Appeals—Limited by record.</p> <p>1. Where a railroad company, against which a verdict has been rendered in an accident case, concedes that its negligence was for the jury, hut moves for judgment n. o. v. on the ground of plaintiff’s contributory negligence, the court will view all the attending circumstances of the accident in the most advantageous light for plaintiff.</p> <p>2. Where, in an action against a railroad company for damages sustained in a right-angled collision between defendant’s locomotive and a motor truck operated by plaintiff, defendant withdrew its motion for a new trial, and stood solely on its motion for judgment n. o. v., the appellate court cannot consider assignments of error complaining of the refusal of the trial court to submit to the jury certain requests for special findings, being limited by the record to the affirmance of the judgment or entering it for defendant.</p>