McMillan v. Pennsylvania Railroad

Opinion by

Mr. Justice Schaffer,

This action was brought by the plaintiff as administratrix ad prosequendum of her deceased husband to recover damages for his death. Pie was killed in a grade crossing accident in the State of New Jersey, when the automobile which he was driving was struck by defendant’s train. The jury found in plaintiff’s favor. Judgment for defendant non obstante veredicto was entered by the court below and we have this appeal by plaintiff.

A reading of the entire record produces the unhesitating conclusion that the deceased came to his untimely end through his own lack of…