Kish v. Pennsylvania Railroad Co.

Opinion by

Mr. Justice Maxey,

This is an appeal from the refusal of the court below to enter judgment for the defendant non obstante vere-dicto. Plaintiff recovered a verdict in the sum of f 15,500 in an action arising out of the killing of her husband, aged 28 years, by a freight train at 11:20 p. m., April 14, 1928, at Duquesne. At the station in that city defendant has five parallel tracks running north and south. Across these tracks is a plank walk nine or ten feet in width which the evidence shows was used by the public. On the night of the accident, defendant, according to plaintiff’s…