Persky v. Terminal Railroad

WOLFE, Judge.

This is an action for damages arising out of personal injuries sustained by the plaintiff when a truck that he was operating was struck by the defendant’s switch engine. The case was submitted under the humanitarian doctrine and resulted in a verdict and judgment for the plaintiff in the sum of $7,500.00. Thereafter the defendant moved for a judgment in accordance with its prior motion for a directed verdict at the close of all of the evidence. The motion was sustained and the plaintiff appealed.

The plaintiff was an employee of L-K & Sons Metal Company. He was a foreman but his…