Bodner v. Pennsylvania Railroad

Opinion by

Reno, J.,

This is plaintiff’s appeal from a judgment n. o. v. for defendant which the court below entered because plaintiff had not shown negligence by defendant and was contributoxlly negligent as a matter of law.

On a dry, warm, and windy day in June, 1943, at about 2:30 P. M., plaintiff was crossing defendant’s tracks in an automobile, and was struck by a passenger train on the second of four tracks. For 18 years he had lived within 200 yards of the crossing, and for 8 years had driven his car over it about 24 times a week. He was traveling from Carnegie in Allegheny County…