Starovetsky v. Pennsylvania Railroad

Opinion by

Mr. Justice Linn,

Defendant appeals from judgment on a verdict for the death of plaintiff’s husband, found lying on defendant’s tracks about 3:30 a. m., May 6, 1934, so fatally injured that he died without regaining consciousness. No eye witnesses appeared. The manner of his injury is purely conjectural.

Defendant asserts there is no evidence of negligence and that the record clearly shows decedent’s contributory negligence. As we all agree with the second contention, we need not consider the first. Defendant’s motion for judgment n. o. v. should have been granted.

Decedent lived in…