Varallo v. Pennsylvania Railroad

Opinion by

Me. Justice Cohen,

This is an appeal by defendant from an order of the court below granting plaintiff’s motion for a new trial. Plaintiff had instituted an action in trespass for injuries allegedly received as the result of a railroad accident on December 21, 1958 in New Brunswick, New Jersey. Defendant’s train, on which plaintiff was a passenger, made a sudden abrupt stop when defendant’s block operator mistakenly placed a red signal on the track on which the passenger train was proceeding rather than on the adjacent track where a freight train had just passed. Plaintiff complained…