Moyer v. Reading Company

Opinion by

Baldrige, J.,

This is a grade crossing case. The principal issues raised at the trial were as follows: (1) Was the driver of the truck guilty of contributory negligence, and if so, was it imputable to the plaintiff? (2) Were the defendant’s employes guilty of negligence in failing to give warning of the approach of a passenger train?

The plaintiff, who lived and worked on the farm of his father, Abraham R. Moyer, claimed that he was the owner of the truck and that Earle Texter, the driver, was an employe of his father. If the jury accepted this testimony as true, even if they found…