Costack v. Pennsylvania R. R.

Opinion by

Mr. Chief Justice Horace Stern,

The principal question on this appeal involves the distinction between so-called “negative” and “positive” testimony in. regard to the hearing of the warning signals of an. approaching railroad train. It is a. question which has been the subject, of probably more decisions of this court than any other problem in the law Of evidence.

*343Plaintiff’s decedent was one of four men who, at about 2:45 a.m. on October 18, 1948, were riding in an automobile in the Borough of Tarentum, Allegheny County. As they proceeded northwardly on Bridge Street over a…