Legal Opinion

Szmigel v. Director General of Railroads

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 195Published

Appeal, No. 195, Oct. T., 1920, by defendant from judgment of C. P. No. 1, Pbila. Co., March T., 1918, No. 4633, on verdict for plaintiff in the case of Stanley Szmigel v. Director General of Railroads, United States Railroad Administration, operating Philadelphia & Reading Railroad. Trespass to recover damages for personal injuries. Before Shoemaker, J. Verdict for plaintiff for $1,500 and judgment thereon. Defendant appealed.

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Appeal, No. 195, Oct. T., 1920, by defendant from judgment of C. P. No. 1, Pbila. Co., March T., 1918, No. 4633, on verdict for plaintiff in the case of Stanley Szmigel v. Director General of Railroads, United States Railroad Administration, operating Philadelphia & Reading Railroad. Trespass to recover damages for personal injuries. Before Shoemaker, J. Verdict for plaintiff for $1,500 and judgment thereon. Defendant appealed. Error assigned was refusal of defendant’s motion for judgment non obstante veredicto. cited: Hare v. Phila. & R. Ry. Co., 65 Pa. Superior Ct. 39; Thompson v. Phila. &…

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff sustained injuries when Ms autotruck, which he was attempting to drive over a grade crossing, was struck by a passenger train, and brought this action to recover damages for such injuries, averring that they resulted from the negligence of the employees of the defendant. He recovered a judgment in the court below and the defendant appeals.

The plaintiff relied solely upon his own testimony, calling no other witness as to the circumstances in which the accident occurred. He stated that as he approached the crossing, the safety gates being up, he stopped at a…

2Cases cited6 opinions

  1. Provost v. Director General of RailroadsSupreme Court of Pennsylvania · 1920
  2. Kipp v. Central RailroadSupreme Court of Pennsylvania · 1919
  3. Smith. v. McAdooSupreme Court of Pennsylvania · 1920
  4. Gasser v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920
  5. Luken v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1920

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