Moss v. Blue Ridge Transportation Co.

Hudson, P. J.,

This is an action of trespass in which the jury found against the Blue Ridge Transportation Company, defendant, and for the West Penn Railways Company, the other defendant. A motion for judgment n. o. v. was filed by the transportation company, and the case was placed upon the argument list and heard by the court in banc.

There were two reasons argued and pressed why the motion should be allowed: First, there was no negligence shown on the part of the transportation company; second, the court erred in refusing defendant’s second point, which was: “Under all the evidence appearing…