Gasser v. Philadelphia & Reading Railway Co.

Opinion by

Mr. Justice Moschzisker,

George Gasser sued in trespass to recover damages for injuries to his person and property; he appeals from the refusal to take off a nonsuit.

June 2, 1917, about six o’clock in the morning, when broad daylight, plaintiff was driving a one-horse buggy in a westerly direction on a public road that crossed, at grade, defendant’s right-of-way, consisting of two tracks; on reaching this crossing, with which he was familiar, Gasser found a box car standing on a sideing to the north, somewhat obscuring his view in that direction, and a freight train was passing on…