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JACKSON v. PHILADELPHIA TRANSPORTATION COMPANY (01/15/69)

January 15, 1969

JACKSON
v.
PHILADELPHIA TRANSPORTATION COMPANY, APPELLANT.



Appeal, No. 380, Jan. T., 1968, from judgment of Court of Common Pleas No. 6 of Philadelphia County, Dec. T., 1961, No. 1046, in case of Andrew Jackson v. Philadelphia Transportation Company et al. Judgment affirmed.

COUNSEL

James Conwell Welsh, for appellant.

George A. D'Angelo, with him Truscott and Erisman, for appellee.

Before Bell, C. J., Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Opinion PER CURIAM

Plaintiff recovered a verdict for personal injuries he sustained as a result of being struck by one of defendant's buses. Plaintiff was working in a ditch on Columbia Avenue in Philadelphia when the rear wheel of a bus drove partially over the ditch and struck plaintiff as he raised himself up to throw a shovelful of dirt out of the ditch. Defendant requests judgment n.o.v. on the grounds that defendant was not negligent and, in any event, plaintiff was guilty of contributory negligence as a matter of law.

The evidence as to defendant's negligence and plaintiff's contributory negligence was conflicting, and therefore the issues were for the jury.

Disposition

Judgment affirmed.

19690115

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