Buxton v. Baltimore & Ohio Railroad

Opinion by

Gawthrop, J.,

This is an appeal from an order of the Court of Common Pleas of Allegheny County refusing to allow an appeal from a judgment of the county court. The action was trespass to recover damages resulting from the collision of one of defendant’s trains with the plaintiff’s motor truck. After a verdict for the plaintiff, the county court entered judgment for the defendant non obstante veredicto.

It appears by the testimony of the plaintiff that he had driven his truck, loaded with nails, into the freight yard of the defendant for the purpose of loading the nails in a box car…