Byron v. Central Railroad

Citations

• 215 Pa. 82
• 64 A. 328
• 1906 Pa. LEXIS 736

Syllabus

<p>Negligence — Railroads—Crossing—Infant.</p> <p>In an action by a boy twelve years of age against a railroad company to recover damages for personal injuries sustained at a railroad crossing after dark, it appeared that there were no lights at the crossing, and that the train which struck the boy was a special train not running on a regular schedule. The engine was running with the tender in front, and there was evidence that the usual signals were not given as the train approached the crossing. The boy’s presumption of incapacity to appreciate the danger was not conclusively overcome by the defendant’s testimony. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>