Weston v. Pennsylvania Railroad

The opinion of the court was delivered by

Fort, J.

This was an action in tort for injuries resulting in an accident at a crossing of the defendant company at Englishtown in this state.

At the conclusion of the whole ease there was a motion for the direction of a verdict for the defendant, which was granted by the learned trial justice on the ground that the plaintiff, Mrs. Weston, was guilty of contributory negligence.

We are unable to agree with the view taken by the learned trial justice. We think the case was for the jury. The learned justice seems to have overlooked the fact that in cases…