Weber v. Pittsburgh & West Virginia Railway

Opinion by

Mr. Justice Schaffer,

Plaintiff brought this action to recover damages for the death of her husband, who was struck and instantly killed while driving his automobile over a grade crossing of defendant’s railroad. The jury’s verdict was in her favor, but the court entered judgment for defendant non obstante veredicto, from which action she appeals.

The deceased approached the railroad on a highway with an ascending grade which flattened out at the crossing. The railroad consisted of two tracks, a main and side one. From the direction he was approaching the side track was first reached.…