Kinghorn v. Pennsylvania R.

(after stating the facts as above).

Since the jury found for the plaintiff in ;b,oth eases, we should resolve conflicts in the evidence in the light most favorable to him and accept as established all the essential facts which the plaintiff’s evidence, if not contradicted, would fairly prove to be true. In doing so, we must come quickly to the conclusion that the engine did not signal with bell or whistle until just before the collision and when no signal by it could have been of the slightest aid to the plaintiff. Consequently, the defendant was palpably negligent, and that such negligence…