Solomon v. Lehigh Valley R. R. Co.

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from the refusal of the court below to take off a compulsory non-suit in an action of trespass. The defendant owns a single track industrial spur railway which is parallel with Bushkill Drive in Easton, and which crosses at grade the public road leading from the Drive first south and then eastward to property lying between the railroad right-of-way and Bushkill Creek. Plaintiff drove his truck loaded with “junk” northward along the road toward Bushkill Drive, which he intended to cross, after he had crossed the tracks (the Drive being about…