SMITH v. PORT AUTHORITY TRANSIT


257 Pa.Super. 66 (1978)

390 A.2d 249

Vincent H. SMITH, Jr., an Individual, Appellant, v. PORT AUTHORITY TRANSIT.

Superior Court of Pennsylvania.

Decided July 12, 1978.


Attorney(s) appearing for the Case

William M. Wycoff, Pittsburgh, with him Thorp, Reed & Armstrong, Pittsburgh, for appellant.

Leo Daniels, Pittsburgh, for appellee.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.


HOFFMAN, Judge:

Appellant argues that the trial court erred in submitting the issue of his contributory negligence to the jury. We agree and, therefore, reverse and remand for a new trial.

On July 29, 1974, appellant filed a complaint in trespass against appellee; he sought to recover for injuries sustained during a motor vehicle accident. At a jury trial in Allegheny County Court of Common Pleas, appellant produced the following evidence: on June 14, 1973...

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