Husvar v. Delaware, Lackawanna & Western Railroad
Citations
- 237 Pa. 295
- 85 A. 366
- 1912 Pa. LEXIS 934
Syllabus
<p>Negligence — Master and servant — Contributory negligence— Burden of proof — Instructions of court.</p> <p>In an action by an employee against his employer to recover damages for personal injuries, it is not error for the court to instruct the jury that the “burden of proving the plaintiff’s contributory negligence is on the defendant” where the statement is.made in connection with general instructions as to the burden of proof that rested on the parties, and where the jury was told tbat tbe plaintiff could not recover if it appeared from the-testimony tbat his negligence contributed in any degree to tbe accident.</p>
Judges: Brown, Elkin, Fell, Mestrezat, Potter
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