Highton v. Pennsylvania Railroad

Opinion by

Cunningham, J.,

Plaintiff, a guest passenger in a car owned and operated by Nick Labin, brought this action of trespass to recover damages for personal injuries received when Labin’s car was driven on a foggy night into defendant’s locomotive standing on a grade crossing over Preble Avenue in the City of Pittsburgh, and temporarily blocking that highway.

The jury returned a verdict of $1,500 for the plaintiff, but the court below subsequently entered judgment n. o. v. for defendant, upon the ground that plaintiff’s testimony convicted him of contributory negligence as a matter of law.…