Marinelli v. Montour Railroad

SPAETH, Judge:

Appellee, as administrator of the estate of his deceased son, Eugene R. Marinelli, commenced wrongful death and survival actions against appellant, Montour Railroad. Following a non-jury trial, the lower court rendered a verdict in favor of appellee in both actions. Montour’s exceptions to the verdict were subsequently dismissed. On appeal, Mont-our argues that judgment notwithstanding the verdict should be entered in its favor for any of several reasons: appellee failed to prove that it was negligent; if it was negligent, appellee failed to prove that its negligence was the…