Nutt v. Pennsylvania Railroad

Opinion by

Mr. Justice Frazer,

Plaintiff sued to recover for personal injuries sustained in a grade crossing collision between one of defendant’s trains and an automobile in which he was riding as a guest. The trial judge submitted the case to the jury which found for plaintiff and the subsequent motion by defendant for judgment non obstante veredicto being overruled and judgment entered on the verdict, defendant appealed.

Plaintiff attended an athletic meet at a ball park, in Charleroi, Washington County, located near the crossing where the accident occurred. As those present at the gathering…