McNulty v. Philadelphia

Citations

• 248 Pa. 143
• 93 A. 953
• 1915 Pa. LEXIS 531

Syllabus

<p>Negligence — Municipalities — Defect in street — Automobile — Injury to passenger — Contributory negligence — Charge of court— Case for jury.</p> <p>In an action to recover damages for the death of plaintiff’s husband caused while he was a passenger in an automobile, by reason of a defect in a public street, the court did not err in affirming the point “No matter how darfgerous or defective the section of the street in question was at the time of the accident, nevertheless if” the deceased “did anything either actively or passively that contributed toward the accident, your verdict must be for the defendant,” with the comment that “it makes it necessary for you to go through and sift evidence to ascertain whether or not evidence shows that he either passively or actively had anything to do with causing the accident.”</p>