Cusatis v. Lehigh Valley R.R. Co.

Opinion by

Rhodes, J.,

This case presents for consideration the question whether the intervening act of a third party was a ■superseding cause. The jury was plainly warranted in finding that defendant was negligent, and plaintiff’s right tó verdict and judgment depends on whether the third party’® conduct acted as a superseding cause of plaintiff’® harm. Defendant has appealed from the judgment entered on the verdict for plaintiff, and assigns as error the dismissal of defendant’s motion for judgment n.o.v.

In the city of Hazleton, a railroad siding of defendant runs west from the Pilsner…