Roy R. Hubbard, Administrator of the Estate of William E. Hubbard v. The Pennsylvania Railroad Company

In this action, appellant, as the administrator of the decedent William E. Hubbard, charged the appellee railroad company with the negligent operation of an engine and its tender, causing a collision on U. S. Highway 42 near Hageman, Ohio, between the train and a truck being driven by the decedent. The driver of the truck was killed in the collision. At the close of appellee’s case, the District Judge sustained appellee’s motion for a directed verdict.

Appellant contends that there was negligence on the part of appellee in backing its engine and tender slowly across the highway so as to block…