Ferrick v. Baltimore & Ohio Railroad

Citations

• 260 Pa. 176
• 103 A. 559
• 1918 Pa. LEXIS 488

Syllabus

<p>Negligence — Railroads—Carrying passengers beyond destination —Putting passenger off at unsafe place — Passenger struck by another train — Death—Evidence—Insufficiency—Nonsuit.</p> <p>In an action against a railroad company to recover for the death of plaintiff’s husband alleged to have been occasioned by defendant’s carrying him beyond his place of destination, putting him off át a dangerous place, thereby compelling him to cross railroad tracks in order to reach his proper station, in doing which he was struck and killed by a freight engine, a compulsory nonsuit was properly entered where it appeared that the train stopped at the station for which decedent had a ticket; that his wife, who was at the station saw him at the doorway of the car, and although her testimony indicated that the train stopped long enough for him to get off, he failed to do so before it started and there was no evidence as to where decedent did get off, or that he was put off against his consent or protest, or at an unsafe place, but it appeared he was struck while lying on the track after having walked back for some distance along the side of the track toward his station.</p>