
    Jackson v. Philadelphia Transportation Company, Appellant.
    Argued November 20, 1968.
    Before Bell, C. J., Jones, Cohen, Eagen, O’Bbien and Bobeets, JJ.
    
      James Gonwell Welsh, for appellant.
    
      George A. D’Angelo, with him Truseott and Eris-man, for appellee.
    January 15, 1969:
   Opinion

Pee Cueiam,

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.

Judgment affirmed.  