Humphries v. Pittsburgh & Lake Erie Railroad

POPOVICH, Judge:

This is an appeal from the Judgment of the Court of Common Pleas of Allegheny County, entered following an en banc Order denying appellant’s (Pittsburgh & Lake Erie Railroad Co.’s) motion for judgment non obstante veredic-to. Pa.R.App.P. 301(a). We affirm in a case of first impression.

On October 6, 1978, plaintiff-appellee (Howard H. Hum-phries) filed a complaint in trespass alleging, in relevant part, that:

THIRD: At all times relevant to this suit, the defendant[appellant] was a common carrier of freight for hire and by rail and was engaged in interstate commerce.

FIFTH:…