Coonan v. Baltimore & O. R.

KALODNER, District Judge.

This is a motion for a new trial, following a verdict for defendant, in a suit by plaintiff to recover damages resulting to plaintiff when he was struck by a railroad train operated by defendant.

While the facts are not particularly germane to the decision of the points raised by motion for a new trial, I nevertheless recite them briefly as follows:

On May 1, 1936, the -plaintiff was walking on a roadway between two of the defendant’s railroad tracks, the roadway constituting the platform' of the defendant’s railway station at McKeesport, Pa.

According to the plaintiff’s…