Komorek v. Penna. R. R.

Waite, P. J.,

O. C., sixth judicial district, specially presiding,

— This is an action of trespass brought to recover damages sustained by plaintiffs in a collision between plaintiffs’ automobile and the caboose ' of a train of defendant company being backed across Budd Avenue in Sharon, Pa., on the night of January 8, 1943, between 10:30 and 11 p.m. At the conclusion of plaintiffs’ testimony, defendant’s counsel, without offering any testimony, moved the court for a compulsory nonsuit on the ground that plaintiffs had failed to show any negligence on the part of defendant. The motion was…