Orton v. Pennsylvania R. Co.

MOORMAN, Circuit Judge.

This writ brings in review the ruling of the District Court of the Northern District of Ohio in directing a verdict for the defendant at the conclusion of the plaintiff’s evidence, in an action wherein the plaintiff sought damages for an injury sustained by the driving of an automobile in which he was riding into some gondola ears of defendant standing across a public highway.

The collision occurred at a country crossing about 9 o’clock at night. Plaintiff was a guest, of Inman, the owner of the ear, who was driving it. It was a dark night, but not raining or foggy.…