Zimmerman v. Pennsylvania Railroad

Per Curiam,

Plaintiff sued to recover for injuries sustained at the time the truck he was driving was struck by one of defendant’s trains at a grade crossing. The case came before us on a previous appeal and was sent back to the court below for retrial because the damages awarded, $20,000, were considered excessive: 297 Pa. 390. Following the second trial and verdict in plaintiff’s favor, the court in banc refused defendant’s motions for judgment non obstante veredicto and for a new trial. This appeal followed.

Briefly, the circumstances of the collision were as follows : Plaintiff was driving…