Engleka v. B. O.R.R. Co.

Argued April 12, 1939. While the plaintiff was driving his father's truck on State Highway Route 219 northeastwardly from Garrett towards Berlin, in Somerset County, it collided with a train of the Baltimore and Ohio Railroad Company, at the point where its Berlin Branch crosses the state highway in Brothersvalley Township, near Mineral Springs and Buffalo Creek, respectively, and he was injured. He brought this action in trespass to recover damages for the personal injuries he sustained and recovered a verdict on which judgment was entered. Defendant appealed.

The highway and railroad do not…