Fidelity Trust Co. v. Pennsylvania Railroad

Opinion by

Mr. Justice Drew,

This action of trespass was brought by John Majewicz to recover for personal injuries sustained by him. He died about five months after the accident of traumatic pneumonia said to have resulted from his injury. Thereafter this action was prosecuted by his duly accredited administrator. The jury returned a verdict for plaintiff and the trial court granted the defendant’s motion for judgment n. o. v. This appeal followed.

At noon on December 11, 1933, decedent was struck by the tender of one of defendant’s locomotives that was backing along a spur track of defendant’s…