Cooper v. Reading Railroad

Dissenting Opinion bt

Mr. Justice Musmanno:

In his opinion entering judgment n.o.v. against the plaintiff in this case, the learned trial Judge erred in several statements of fact. He said that as the train neared the crossing the plaintiff took a step closer to the automobile coming from the north, “which, of course, took him a step closer to the tracks being used by the oncoming freight train.” There is no evidence in the record that the plaintiff, once he had taken his place at the spot where he was seeking to stop the oncoming motorist, “took a step closer to the tracks.”

The learned trial…