Lunzer v. Pittsburgh & Lake Erie R. R.

Opinion by

Mr. Justice Schaffer,

This action grows out of a right-angle grade crossing collision between plaintiff’s automobile truck and defendant’s train, in which the truck was demolished and plaintiff injured. Appealing from the judgment entered against it on the verdict in plaintiff’s favor, defendant submits to us that no recovery should have been sanctioned by the court below because of appellee’s contributory negligence.

The public road upon which appellee was traveling crossed defendant’s tracks at grade about 900 feet from the crossing where the accident occurred. At this first…