James A. O'neill, Administrator of the Estate of Earl F. Smith, Deceased v. Reading Company

KALODNER, Circuit Judge.

Earl F. Smith (“decedent”) was killed when the pickup truck that he was driving collided with a train of the defendant, Reading Company, at a crossing in Topton, Pennsylvania. Plaintiff, as administrator of decedent’s estate, brought this suit in the District Court for the Eastern District of Pennsylvania to recover damages under the Pennsylvania Wrongful Death and Survival Acts. Judgment was entered in favor of defendant pursuant to the finding of the jury, in answer to a special interrogatory, that decedent was negligent. 1 Plaintiff’s motion for new trial was…