Parm v. Patton

This appeal on questions of law is from an order of the Court of Common Pleas sustaining the motion of plaintiff, appellee herein, for a new trial.

Plaintiff was one of four passengers in a car driven by defendant, which, at about 9:30 p. m. on August 4, 1966, was approaching a single railroad track. The red warning signals were flashing, and the plaintiff testified on trial that defendant drove around another vehicle which had stopped for the train, saying as he did so, “Hell, I can make it.” Defendant denies that there was a stationary car and the alleged remark, but admits that he drove his…