Morgan v. Pennsylvania R.

Wallace, D. J.

At the close of the evidence in this case the court directed the jury to find a verdict for the defendant. The plaintiff now moves for a new trial. For the purposes of the motion the plaintiff is entitled to the benefit of every controverted fact, and all disputable inferences, which the jury could have indulged in his favor. The action is for injuries received by the plaintiff in falling into an unprotected pit, located between the tracks of the defendant’s road, and used by the defendant for dumping the ashes of its engines. The pit was located upon the private grounds of the…