Smith v. Standard Steel Car Co.

Citations

• 262 Pa. 550
• 106 A. 102
• 1919 Pa. LEXIS 721

Syllabus

<p>Negligence — Master cmd servant — Judgment—Buie as to judg~ ment n. o. v. — Evidence.</p> <p>1. In an action by a widow against the employer of her husband to recover damages for the latter’s death, it is reversible error to enter judgment for defendant n. o. v. where the evidence shows that the deceased was killed while operating a crane; that some days before the accident he had complained of its dangerous condition, receiving the promise of his employer that it would be repaired; that on the very morning of the accident he had been informed that repairs had been made in his absence the day before; that its dangerous condition on the day of the accident was not so plain that it could be held, as a matter of law, that no ordinarily prudent man would undertake its operation; and that at the time of the accident the deceased acted in a sudden emergency to save the lives of others.</p> <p>2. In determining the propriety of a judgment n. o. v. the controlling question is, would binding instructions for defendant have been proper at the end of the trial; and, in deciding that point, the evidence must be read in the light most favorable to the plaintiff, the latter being given the benefit of every fact and inference of fact pertinent to the issue involved which may legitimately be drawn from the evidence.</p> <p>3. Where the issue of contributory negligence has been submitted to the jury, a finding in favor of the plaintiff will not be set aside, unless, upon a review of the evidence in the light most favorable to the plaintiff, it is inconceivable that a mind desiring only a just and proper determination of the question could reasonably reach any other conclusion than that the plaintiff had brought about or contributed to the injury by his own carelessness.</p> <p>4. In entering judgment n. o. v. for defendant in a negligence ease, the court commits error in basing its action upon certain conclusions of fact, as to the cause of the accident, stated by some of the pla