SMITH v. WHEATLAND TUBE CO.


401 Pa. 427 (1960)

Smith, Appellant, v. Wheatland Tube Company.

Supreme Court of Pennsylvania.

November 15, 1960.


Attorney(s) appearing for the Case

Philip E. Brockway, with him William C. Kuhn, and Brockway and Brockway, for appellant.

John Q. Stranahan, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION PER CURIAM, November 15, 1960:

The events which brought about this lawsuit, as narrated in the opinion of the court below, demonstrate quite clearly that the question of contributory negligence was one of fact for the jury.

The position taken by the plaintiff on the trailer, in the conscientious discharge of the duties which were part of his job, was not so obviously perilous that it can be said, as a matter...

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