LEGHART v. MONTOUR RR. CO.


395 Pa. 469 (1959)

Leghart v. Montour Railroad Company, Appellant.

Supreme Court of Pennsylvania.

April 20, 1959.


Attorney(s) appearing for the Case

Harold R. Schmidt, with him, William M. Gardner, and Rose, Rose and Houston, for appellant.

Robert L. Prior and Joseph F. Weis, Jr., with them Julia M. Doyle, James P. McArdle, and Weis & Weis, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.


OPINION BY MR. JUSTICE BOK, April 20, 1959:

The plaintiffs, husband and wife, have verdicts for personal injuries which the Court below sustained. Defendant asks for judgment non obstante or a new trial.

The accident happened at a crossing, at a time when the road was being used as a detour for Route U.S. 30. It was between three and four in the morning, rain was falling, and the road was black-topped. Plaintiffs, driving northwest on the detour, crossed a...

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