ZAWACKI v. PENNSYLVANIA R.R. CO.


374 Pa. 89 (1953)

Zawacki, Appellant, v. Pennsylvania Railroad Company.

Supreme Court of Pennsylvania.

May 27, 1953.


Attorney(s) appearing for the Case

John E. Evans, Sr., with him Evans, Ivory & Evans, for appellant.

Bruce R. Martin, with him Dalzell, Pringle, Bredin & Martin, for appellee.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ARNOLD, May 27, 1953:

This is an appeal from the refusal of the court below to take off a nonsuit entered in a trespass action for personal injuries and property damage, suffered by the plaintiff in a collision between the defendant's train and the plaintiff's truck. The nonsuit was entered on a finding that the plaintiff was "guilty of contributory negligence as a matter of law" and that plaintiff's proof fell "far short of the proof required...

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