Schwenk v. Pennsylvania Railroad

Opinion by

Mr. Justice Simpson,

Plaintiff recovered a verdict for personal injuries sustained by Mm when one of defendant’s locomotives collided with an automobile in which he was riding as a guest. Defendant moved for judgment non obstante veredicto, alleging a number of reasons why it should be entered. The court below considered them at length, and decided that all but one of them was without merit; but, on that one (namely, whether or not plaintiff was guilty of contributory negligence in not constantly and with the utmost care looking and listening until the automobile was safely across…