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MACK v. READING COMPANY

173 Pa.Super. 296 (1953)

Mack v. Reading Company, Appellant.

Superior Court of Pennsylvania.

July 14, 1953.

Attorney(s) appearing for the Case

Richard P. Brown, Jr., with him Henry R. Heebner and Morgan, Lewis & Bockius, for appellant.

Lynn L. Detweiler, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, GUNTHER and WRIGHT, JJ.

OPINION BY HIRT, J., July 14, 1953:

Defendant's railroad tracks in the vicinity of Parkland, Pennsylvania, run parallel with U.S. Route 1, on an embankment about 50 feet west of the highway. After dark in the evening of October 21, 1948, plaintiff's tractor-trailer was being driven southwardly on the highway as a freight train on the nearby track was proceeding northwardly. Suddenly and without warning plaintiff's driver observed a dark object, about 30 feet away...

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