Daugherty v. Erie Railroad

Opinion by

Mb. Justice Musmanno,

Ellis L. Daugherty was a passenger in an automobile being operated by Norma Lee Novak over the Clark Street Crossing in Sharon, which crossing was blocked by a stationary railroad car of the Erie Rail*336road Company. The automobile collided with the railroad car and Ellis Daugherty was seriously injured. He brought a suit in trespass against the Erie Railroad Company and Miss Novak.

The jury returned a verdict in his favor against both defendants in the amount of $9,500. The plaintiff moved for a new trial on the ground of inadequacy of the verdict. The motion was…