Geelen v. Pennsylvania Railroad

Opinion by

Mr. Justice Eagen,

James David Geelen was killed on a public railroad crossing when struck by one of the defendant’s trains. The plaintiff, administrator of the estate, brought a survival action on behalf of decedent’s estate and a wrongful death action on behalf of those entitled to recover damages. The jury verdict favored the plaintiff; damages were awarded in favor of the widow, the children, and the estate. The lower court refused to enter judgment non obstante veredicto but did grant a new trial. This appeal questions the legal correctness of the court’s new trial order.

The…