Moss v. Reading Co.

Opinion by

Me. Justice Robeets,

Plaintiff-appellant, administratrix of the estate of her deceased father, brought suit seeking to recover damages from defendant railroad for her father’s death which resulted from injuries which he sustained when struck by one of defendant’s trains.

The court below, sitting without a jury, entered a nonsuit at the close of plaintiff’s evidence on liability. Plaintiff’s motion to take off the nonsuit was refused. The court held, as a matter of law, that the engineman on defendant’s train was not guilty of wilful or wanton misconduct. Because decedent was a…