Hostetler v. Kniseley

Opinion by

Mr. Chief Justice Kephart,

This appeal presents the usual right-angle collision at a public crossing with motions for judgment n. o. v. and a new trial. The evidence as it relates to the legal questions involved will be reviewed in the course of the opinion.

Under the Act of April 22, 1905, P. L. 286, the court cannot enter judgment n. o. v. where the evidence is conflicting on a material fact, or where any other reason exists precluding a binding direction: Dalmas v. Kemble, 215 Pa. 410; Schwarz v. Glenn, 244 Pa. 519, 524. The court does not determine questions of fact based upon…