Kindt v. Reading Co.

Opinion by

Me. Chief Justice Maxey,

This is an appeal from the entry of judgments n. o. v. in the court below. It is a railroad crossing case in which the alleged absence of due warning by the train before it reached the crossing is the basis of the complaint of negligence. The accident occurred at 6 A.M., October 27, 1942, before daylight. The minor plaintiff was a passenger in an automobile driven by John B. Kramer (the plaintiff in a companion case). Norman Kemmerer was also a passenger. He was killed in, the accident. The road which these men took on the fatal morning was unfamiliar to all…