Cuteri v. West Penn Railways Co.

Per Curiam,

Plaintiff sued in trespass to recover for .injuries received when his automobile, in which he was riding, was struck by one of defendant’s electric passenger cars. The verdict was for plaintiff. The court below refused defendant’s motion for judgment non obstante veredicto but allowed the motion for a new trial. Defendant appealed.

Appellant assigns as error refusal of the court below, first, to give binding instructions in its favor, second, to enter judgment non obstante veredicto, and finally, the granting of a new trial.

Plaintiff was struck while on defendant’s track, at a…