SCHLOTT v. STEFANOSICZ


167 Pa.Super. 164 (1950)

Schlott v. Stefanosicz, Appellant.

Superior Court of Pennsylvania.

July 20, 1950.


Attorney(s) appearing for the Case

Warren H. Van Kirk, for appellant.

Milton Safier, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.


OPINION BY HIRT, J., July 20, 1950:

In this trespass action the jury found for the plaintiff in the sum of $2,500. Defendant has appealed from the refusal of the court to enter judgment in his favor n.o.v. His negligence is admitted; the single question raised is the contributory negligence of plaintiff.

The defendant did not offer any testimony and these facts, based upon undisputed testimony, are established by the verdict: shortly after midnight on August...

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