Surdyk v. Indiana Harbor Belt R.

KERNER, Circuit Judge.

Plaintiff sued to recover for injuries to himself and damage to his, automobile sustained in a grade-crossing collision. The cause was tried to a jury. The train involved was operated by the Indiana Harbor Belt Railroad Company upon the tracks of the Pennsylvania Railroad Company. After the trial court had directed a verdict for Belt, the jury found against Pennsylvania, but the court, concluding that plaintiff was guilty of contributory negligence as a matter of law, set aside the verdict and entered judgment, notwithstanding the verdict, in favor of Pennsylvania and…