Figard v. Pennsylvania R. R. Co.

Opinion by

Me. Justice Horace Stern,

In the late hours of a June afternoon a two-year-old child sitting on the outer end of a tie on a railroad track was struck and injured by a slowly moving freight train. In a suit brought against the railroad company by the parents in their own right and by the father as guardian of the minor child verdicts were rendered in favor of the plaintiffs. The defendant now appeals from the refusal of the court below to grant either its motion for a new trial or its motion for judgment n. o. v.

The issues in controversy were purely factual. Plaintiffs asserted that…