Supreme Court of Pennsylvania, 1938

Everetts v. Pennsylvania Railroad

Everetts v. Pennsylvania Railroad
Supreme Court of Pennsylvania · Decided March 22, 1938 · Kephart, Schaffer, Maxey, Drew, Linn, Stern, Barnes
198 A. 796; 330 Pa. 321; 1938 Pa. LEXIS 603

Everetts v. Pennsylvania Railroad

Opinion of the Court

Per Curiam,

We adopt the following from the opinion of the court below: β€œThe undisputed evidence proves that this crossing was actually occupied by the train of the defendant company when the lights of the automobile first brought it into view. Although this crossing must be considered dangerous in some respects, yet this evidence brings the case clearly within the ruling of Wink et al. v. Western Maryland R. R. Co., 116 Pa. Superior Ct. 374. There, under facts similiar to those now under consideration, the Court held that there was no evidence to sustain a finding that the defendant was guilty of negligence,” and affirm the judgment.

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