Douglas Smith v. Lehigh Valley Railroad Company

Appellant’s work train, pushing a snow plow, collided at a grade crossing with a roadseraper operated by plaintiff appellee, causing personal injuries for which he had a verdict and judgment of $5000, which Judge Brennan refused to set aside.

Appellant has abandoned the claim that the verdict was excessive, and seems not too vigorously to contest the finding of negligence on its part, which in any case must be upheld in view of the conflicting testimony as to the point where the whistle was first blown. It presses its attack on the court’s refusal to charge as requested that a train had no…