Leiby v. Pennsylvania R.

On the plaintiff’s proof (the facts as stated in the prevailing opinion) the trial judge was warranted in submitting the question of contributory negligence of the deceased to the jury as a question of fact. Thé opinion concedes that there is enough proof as to the negligence of the defendant justifying its submission to the jury. Therefore, as the jury found when the deceased approached the crossing he was not advised or informed in any way of the coming of the train by those in charge of its operation nor by a signal at the crossing, for there was none there. It was a single track roadbed.…