McCarney v. Pennsylvania R. R., Co.

Opinion by

Mr. Justice Linn,

The only question is whether plaintiff’s contributory negligence should be declared as matter of law; the learned trial judge stated that he was in some doubt about it.

On December 27, 1927, at about four o’clock in the afternoon, plaintiff was injured at a grade crossing. In the charge, the crossing is described as a “permissive crossing”; it was composed of planks, ashes and cinders, and was used for the purpose of supplying coal, etc., to a power house constructed on the south or river side of the railroad. The railroad, at that point, and for miles along the Ohio…