Lawrence J. Sabo, Administrator of the Estate of James Scott, Jr., Deceased v. Reading Company, (Bethayres Concrete Products Company, Inc.)

STALEY, Circuit Judge.

Appellant’s decedent, James Scott, Jr., was killed by a rapidly moving passenger train of the Reading Company at 8 o’clock on the foggy morning of January 20, 1954. This is an appeal from the judgment of the district court, sitting without a jury, in favor of defendant. The court concluded that decedent was contributorily negligent and the Reading Company free from wanton or willful misconduct. Jurisdiction is based upon diversity of citizenship, and we must apply the law of Pennsylvania.

The findings of fact of the district court were amply supported by the record. They…