Goldscheiter v. B. O.R.R. Co.

Argued April 28, 1943. This is an action of trespass initiated in the court below following a collision between the plaintiff's truck and a freight train of the defendant. According to the testimony given on behalf of the plaintiff by Warren Smith, the driver of the truck, which we must accept as true upon this appeal, the new Dodge truck was proceeding along the Craigsville Road in Armstrong County, carrying a load of mine or pit posts from Craigsville to the Harwick Mine in Allegheny County, on a snowy, foggy day, December 3, 1940. In order to get to his destination, it was necessary for…