Flood v. Pennsylvania Railroad

Opinion by

Gunther, J.,

Richard L. Flood, plaintiff, instituted an action in trespass against the Pennsylvania Railroad Company in which he sought to recover damages sustained to one of his trucks which was struck by defendant’s train in its tie yard at Mt. Union, Huntingdon County on April 22, 1953. At the close of plaintiff’s case, a judgment of compulsory nonsuit was entered. Plaintiff’s motion to take off the nonsuit was refused, from which this appeal was taken.

The basic question involved is whether plaintiff’s driver was guilty of contributory negligence. Viewed in the light most…