Devereux v. Philadelphia & Reading Railway Co.

Citations

• 245 Pa. 136
• 91 A. 235
• 1914 Pa. LEXIS 846

Syllabus

<p>Negligence — Railroads—Trespassing animals — Nonsuit.</p> <p>1. The owner of animals trespassing upon the right of way of a railroad cannot recover damages for injuries sustained, unless he shows gross or wanton negligence on the part of the railroad’s employees.</p> <p>2. In an action against a railroad company to recover damages for the death of horses killed while trespassing upon the right of way of the defendant company, it was held that a nonsuit was properly entered, where there was no evidence of wilful, wanton or gross negligence.</p>