YURKONIS v. DOUGHERTY


382 Pa. 387 (1955)

Yurkonis, Appellant, v. Dougherty.

Supreme Court of Pennsylvania.

June 27, 1955.


Attorney(s) appearing for the Case

Henry Houck, with him W.J. Krencewicz, for appellant.

J.W.P. Burke, with him P.H. Burke and Burke & Burke, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ARNOLD, June 27, 1955:

Plaintiff appeals from the refusal of her motion for new trial in this action of trespass. The action was brought to recover damages for injuries and death of decedent, who was fatally injured as a result of being struck by an automobile operated by defendant. The case was submitted to the jury, which found both defendant and decedent negligent.

To overcome defendant's testimony as to contributory negligence, plaintiff...

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