CORRELL v. WERNER


293 Pa.Super. 88 (1981)

437 A.2d 1004

Doris CORRELL v. Robert WERNER and Jo Anne Finken, Additional Defendant. Appeal of Robert WERNER. Marvin McCAMMON, a minor, by his Parent and Natural Guardian, Betty McCammon, and Betty McCammon, Individual v. Robert WERNER and Jo Anne Finken and Doris Correll. Appeal of Robert WERNER. Jo Anne FINKEN, v. Robert WERNER, Appellant.

Superior Court of Pennsylvania.

Filed November 30, 1981.


Attorney(s) appearing for the Case

Thomas F. Traud, Jr., Allentown, for appellant.

Kevin J. Kelleher, Easton, for appellees.

Before PRICE, MONTEMURO and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erred in directing verdicts for appellees in these vehicular negligence actions because the issue of contributory negligence should have been submitted to the jury.1 We agree and, accordingly, reverse the judgments of the court below and remand for a new trial.

"In our Commonwealth, it has long been held that only in a case where the facts are all clear, and there is no room...

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