Patton v. Pennsylvania Rd. Co.

The principal error claimed by the defendant, appellant herein, is that the trial court erred in overruling its motions for a directed verdict and its motion for judgment notwithstanding the verdict. The only question of importance to be determined is whether, under the circumstances, plaintiff’s decedent was guilty of contributory negligence, as a'matter of law, in attempting to pass over the railroad crossing in question, and, if so, was his negligence in so doing the proximate cause of his death.

Since there were no eyewitnesses to the actual collision which resulted in the death of…