Radziemenski v. Baltimore & Ohio R. R.

Opinion by

Mr. Justice Frazer,

Plaintiff’s husband died as a result of injuries sustained in a collision with one of defendant’s trains at a grade crossing in the City of Pittsburgh. The case was tried twice. The first trial resulted in a verdict for plaintiff, which was set aside by the lower court and a new trial granted. At the second trial the jury disagreed and the court below subsequently entered judgment for defendant on the ground that deceased was negligent in driving on the tracks ahead of a train which he must have seen had he exercised due precaution for his safety.

Deceased was…