Marino v. Pennsylvania Railroad

Opinion by

Ross, J.,

This is a trespass action involving a grade crossing collision between plaintiff’s automobile and defendant’s freight train. After a jury verdict for the plaintiff for damages to his automobile, the defendant’s motion for judgment n.o.v. was refused and it took this appeal. The only question involved is whether the negligence of the defendant was shown.

At 9 o’clock on the night of November 11, 1950, a clear moonlight night, the plaintiff and his wife started across the Morgan Street railroad crossing in Bracken-ridge, Pennsylvania. The road was clear and visibility very…