Posey v. Maryland & Pennsylvania Railroad

Sherwood, J.,

The action instituted was one of trespass to recover damages. At the trial defendant presented a point for binding instructions, which was refused by the court. The verdict of the jury was for the plaintiff. A motion for judgment non obstante veredicto was duly filed by the defendant. The motion was argued before the court in banc, consisting of Watson R. Davison, P. J., fortieth judicial district, specially presiding, and the writer of this opinion.

Under the jury’s verdict, the following facts must be taken as true: On July 5, 1927, defendant owned and operated a single-track…