Perucca v. Baltimore & O. R.

MORRIS, District Judge.

The Stutz roadster of Pete M. Perueca, driven by his wife, Mary Perueca, was struck by a westbound engine as the car was passing from the south to the north, over the tracks of the defendant corporation, at a public crossing, in the borough of Sutersville in the state of Pennsylvania. The car was destroyed and the driver injured as a result. In the suit instituted by Perueca and his wife to recover damages for the injuries so sustained, the court below directed a verdict in favor of defendant upon the ground that, notwithstanding the testimony of Mrs. Perueca that she…