Wilfred L. Miller, and Alban Tractor Company, Inc. v. The Pennsylvania, Railroad Company, a Corporation

While I agree with the conclusion that the action of the trial court in setting aside the jury’s verdict in the second trial of this case should not be disturbed, I dissent from the conclusion of the majority that the judgment for defendant (appellee) in the third trial should be reversed and the case remanded. Briefly stated, my reasons for disagreeing with the majority are as follows:

1. There was no error, in my opinion, in failing “to instruct the jury that they should find for the plaintiffs if on the evidence as a whole there was negligence on the part of the Railroad, which was the…