Katz v. Delaware & H. R. Corp.

JOHNSON, District Judge.

This is a civil action to recover damages caused by the negligent operation of defendant’s engine at its railroad crossing. The case was tried before the court and a jury and a verdict in the sum of $5,000 was rendered for the plaintiff. The defendant now asks judgment non obstante veredicto or a new trial.

At 5:30 A. M., November 12, 1939, an automobile driven by plaintiff and a locomotive of the defendant collided at a grade crossing in the town of Jessup, Pennsylvania, resulting in personal injuries to plaintiff. At the time of the accident the locomotive was running…