La Rocco v. Penn Central Transportation Co.

*558Sweeney, J., dissents, and votes to reverse and order a new trial, in the following memorandum, in which Staley, Jr., J., concurs: I cannot agree with the majority. A reading of the charge clearly establishes that the court repeatedly instructed the jury that it might predicate liability on negligent maintenance. It was first mentioned early in the charge in the following language: “ Now that negligence may be of two kinds. It may be alleged negligence in the maintenance and operation of the road at the particular crossing involved.” Towards the. end of the charge it was again expressed as…