Fissell v. Hines

Citations

• 78 Pa. Super. 179
• 1922 Pa. Super. LEXIS 81

Syllabus

<p>Negligence — Contributory negligence — Evidence—Sufficiency •— Scintilla.</p> <p>In an action of trespass to recover damages for personal injuries, clear, positive testimony by the plaintiff and her witnesses that, before stepping from a railroad car in which she was a passenger, she had looked carefully, and, on account of the fact that it was very dark, she stepped into a hole between the car and the platform, with affirmative evidence that near-by lights were not lighted, amounted to more than a scintilla of evidence, and was sufficient, in the face of contradictory evidence on behalf of the defendant, to take the ease to the jury on the question of negligence and contributory negligence.</p> <p>There being a conflict in the testimony as to negligence, the case was for the jury; and, it having been properly submitted to them, it was error to enter judgment in favor of defendant non obstante veredicto.</p>