MARINO v. PENNSYLVANIA R.R. CO.


180 Pa.Super. 179 (1956)

Marino v. Pennsylvania Railroad Company, Appellant.

Superior Court of Pennsylvania.

January 17, 1956.


Attorney(s) appearing for the Case

Thomas D. Thomson, with him Dalzell, Pringle, Bredin & Martin, for appellant.

Herbert B. Lebovitz, for appellee.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE, and ERVIN, JJ.


OPINION BY ROSS, J., January 17, 1956:

This is a trespass action involving a grade crossing collision between plaintiff's automobile and defendant's freight train. After a jury verdict for the plaintiff for damages to his automobile, the defendant's motion for judgment n.o.v. was refused and it took this appeal. The only question involved is whether the negligence of the defendant was shown.

At 9 o'clock on the night of November 11, 1950, a clear moonlight...

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