Tompkins v. Scranton Traction Co.

Citations

• 3 Pa. Super. 576
• 1897 Pa. Super. LEXIS 61

Syllabus

<p>Negligence — Contributory negligence — Question for jury.</p> <p>Where the facts, as to whether defendant’s car was properly lighted ; whether the gong was sounded; whether the speed was unusual and unsafe at the point and time of accident; and whether plaintiff’s conduct contributed to the accident, were all important and all disputed, the case was for the jury.</p> <p>Trial — Charge of court — Practice, C. P.</p> <p>The question of defendant’s negligence and plaintiff’s contributory negligence being proper to s.ubmit to the jury they were properly submitted when the defendant had the benefit of a full, clear, unbiased and satisfactory charge in which all the weaknesses of the plaintiff’s case were pointed out and dwelt upon and where the trial judge to avoid mere guessing or loose and uncertain methods of reaching a conclusion on the part of the jury, submitted certain questions for their finding which compelled a careful analysis of the evidence and elicited answers which manifested care in the weighing of the evidence and deliberation in reaching a conclusion.</p>