Zawacki v. Pennsylvania Railroad

Opinion by

Mr. Justice Arnold,

This is an appeal from the refusal of the court below to take off a nonsuit entered in a trespass action for personal injuries and. property damage, suffered by the plaintiff in a collision between the defendant’s train and the plaintiff’s truck. The nonsuit was entered on a finding that the plaintiff was “guilty of contributory negligence as a matter of law” and that plaintiff’s proof fell “far short of the proof required to show wilful or wanton misconduct.” We take the evidence in a light most favorable to the plaintiff, who must be given the benefit of every…