Philipsburg Beef Co. v. P.R.R. Co.

Opinion by

Baldbige, J.,

This suit grew out of a collision at a grade crossing of a railroad siding. A verdict was rendered for the plaintiff and the court on motion gave judgment for the defendant, n. o. v. It is necessary to consider only the question of the plaintiff’s contributory negligence.

From the testimony of the driver of the plaintiff’s truck, there appears the following essential facts. At noon, on August 9, 1927, the plaintiff’s driver, approached the railroad siding and saw standing on the tracks a number of empty coal cars; the nearest one to the crossing was about 30 feet…