Usher v. Pittsburgh & Lake Erie Railroad

Opinion by

Mr. Justice Drew,

Defendant, after the refusal of the court below to enter judgment n. o. v. in its favor, appealed from the entry of judgment on the verdict for plaintiff, in this action of trespass for damages arising out of a grade crossing accident.

On March 29, 1935, at about 9 a. m., John Usher, plaintiff, employed by the Township of Rostraver, Westmoreland County, was driving a heavily loaded truck, owned and operated by the township. He approached the Whitsett Railroad Crossing, located in Fayette County, where there are six tracks, three of the Pittsburgh Coal Company and…