Conn v. Lehigh Valley Railroad

Citations

• 68 Pa. Super. 20
• 1917 Pa. Super. LEXIS 63

Syllabus

<p>Negligence — Railroads—Improper operation of freight car — Trespasser.</p> <p>In an action against a railroad company to recover for personal injuries brought by a person in the employ of a contractor for the construction of a dock on which was defendant’s siding, the case is for the jury where the evidence, though conflicting tended to show the negligent movement of a car on the siding without any notice to plaintiff and others who were at work on the track, with a resulting injury to the plaintiff.</p> <p>In such a case the plaintiff cannot be considered a trespasser where the evidence showed that the dock was used by a shipping firm as a place fixed by the defendant for delivery by the firm and acceptance by the railroad company of heavy freight, that this use had continued for seven years without objection by the defendant, and that the new dock was being built by a contractor for the shipping firm.</p>