EVANS ET AL. READING COMPANY


242 Pa.Super. 209 (1976)

363 A.2d 1234

Anna Mae EVANS, Administratrix of the Estate of Lawrence D. Evans, Deceased, and Soren P. West, Administrator of the Estate of Albert Kresge, Deceased v. The READING COMPANY, Appellant. The READING COMPANY, Appellant, v. Anna Mae EVANS, Administratrix of the Estate of Lawrence D. Evans, Deceased, and Soren P. West, Administrator of the Estate of Albert Kresge, Deceased.

Superior Court of Pennsylvania.

September 27, 1976.


Attorney(s) appearing for the Case

Robert R. Reeder, Dennis J. O'Leary, J.V. Pinto, Philadelphia, for appellant.

Soren P. West, James F. Heinly, Lancaster, for appellees.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


PRICE, Judge.

A set of railroad tracks intersects Route 322 at what is known as the Rocklyn Crossing, in Honeybrook, Township, Chester County. The tracks run north-south while Route 322 runs east-west. On the morning of October 2, 1963, a train owned and operated by appellant Reading Company, en route from Reading, Pennsylvania to Wilmington, Delaware, was proceeding south toward the intersection. At the same time, a tractor-trailer driven by

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