Coward v. Ruckert

Opinion by

Mr. Justice Musmanno,

This is an appeal from an order of the Court of Common Pleas of Beaver County awarding a new trial in a trespass case in which the jury returned a verdict for the defendant. Briefly the facts are as follows: On December 16, 1952, at about 6:40 in the evening, Charles W. Coward, 71 years of age, who had for 40 years been employed by the Pittsburgh & Lake Erie Railroad Company, was on his way home, walking along the berm of a country road known as the North Street Exténsion between Freedom and New Sewickley Township in Beaver County, when he was struck and killed…