Massinger v. Reading R. R. Co.

Opinion by

Mr. Justice Frazer,

Plaintiff sued to recover for personal injuries and damage to his automobile resulting from a collision with one of defendant’s trains at a highway grade crossing near Phcenixville. The jury found for plaintiff, the court below, however, subsequently entered judgment for defendant non obstante veredicto and plaintiff appealed. The sole question raised is whether or not the court below was right in its conclusion that plaintiff was guilty of contributory negligence as matter of law.

Plaintiff testified that early in the afternoon on a clear day he was driving his…