Holmes v. Union Traction Co.

Citations

• 199 Pa. 229
• 48 A. 974
• 1901 Pa. LEXIS 583

Syllabus

<p>negligence — Contributory negligence — Release— Charge— Trial— Practice, C. P.</p> <p>Where there is a good and controlling reason for directing a verdict for the defendant, it cannot be disturbed because the court may have relied upon the wrong reason, and overlooked the right one.</p> <p>In an action to recover damages for personal injuries where it is alleged by the defendant both that the plaintiff was guilty of contributory negligence and that she had executed a release of damages, a verdict for defendant under binding instructions of the court will not be disturbed, where the evidence is clear that plaintiff was guilty of contributory negligence, although the court could not have correctly held that the paper purporting to be a release bound her.</p> <p>In an action to recover damages for personal injuries, binding instructions for the defendant are proper, where it appears that plaintiff about eleven o’clock in the morning of a rainy day started to cross a street on which the defendant company operated two tracks, and having twice seen the car which she desired to take on the far track, the view of which was unobstructed, went ahead with her umbrella so held that she could make no further observation of it, and was struck by the car when she was about in the middle of the track.</p>