Superior Court of Pennsylvania July 14, 1953, Appeal, No. 44 (Mack v. Reading Co.)

Opinion by

Hirt, J.,

Defendant’s railroad tracks in the vicinity of Parkland, Pennsylvania, run parallel with U. S. Route 1, on an embankment about 50 feet west of the highway. After dark in the evening of October 21, 1948, plaintiff’s tractor-trailer was being driven southwardly on the highway as a freight train on the nearby track was proceeding northwardly.