Walbert v. Farina

Dissenting Opinion by

Mr. Chief Justice Bell:

There. was a substantial conflict in the evidence as to negligence and contributory negligence. Under these circumstances, the verdict of the jury was obviously a compromise verdict and I agree with the trial Judge and with the Superior Court that the weight of the evidence as to contributory negligence was with defendant, and that a new trial should be refused.

I would affirm the judgments on the opinion of Judge Ervin of the Superior Court.