...the language cited. It, in effect, properly states the law to be that the questions being tried were the negligence of the defendant and the contributory negligence of the plaintiff; not whether the plaintiff was at the time intoxicated. That drunkenness on the part of plaintiff would...

...in granting the motion for non-suit; that the case should have been submitted to the jury both as to the negligence of the defendant and the contributory negligence of the plaintiff. It is culpable negligence on the part of a railroad corporation to induce a passenger to leave a train...

...MOSCHZISKER, JJ. CH Akens, for appellant Charles R, Davis and Oscar L. Jackson, for appellee. POTTER, J. Upon the question of the negligence of the defendant and the contributory negligence of the plaintiff, there was evidence sufficient to take this case to the Jury. The accident happened at a rightangled...

...evidence in this record to change our conclusion, reached in the former appeal, that the questions of the negligence of the defendant, and the contributory negligence of the plaintiff, were not properly to be disposed of by the court as questions of law, but were for .the consideration of...

...both of Pittsburgh, for appellant. JE Mullin and FJ Woods, both of Kane, for appellee. PER CURIAM. The negligence of the defendant and the contributory negligence of the plaintiff were, under all the evidence, questions for the Jury, and no reversible error is discoverable in the submission...

...entirely correct In all Its legal aspects. It left to the Jury fairly the two questions of fact,— of the negligence of the defendant, and the contributory negligence of the plaintiff. The Instructions with reference to both of these subjects were correct, and referred the decision of...

...the defendant, It is clear, we think, upon the state of the whole proof, set out in the record, that the negligence of the defendant and the contributory negligence of the plaintiff were questions for a jury, upon proper instructions of the court. [2] The plaintiff's first and only prayer...

...verdict for the defendant company. The motion was made upon the theory that the evidence respecting the negligence of the defendant and the contributory negligence of the plaintiff presented questions for the court, and not for the Jury. We do not so view the matter. If the Jury...

...been declared guilty of contributory negligence as a matter of law. We are all of opinion that as to the negligence of the defendant and the contributory negligence of the plaintiff the case was for the jury. However, In our view of the case, the second, third, and fourth points presented...

...only acting In a manner usual to railroad men so employed. All of the questions concerning the alleged negligence of the defendant and the contributory negligence of the plaintiff were for the Jury and were properly submitted. Kerrigan т. Pennsylvania Railroad Co., 194 Pa. 08,44 All...