Francis v. Baltimore & Ohio Railroad

Citations

• 247 Pa. 425
• 93 A. 490
• 1915 Pa. LEXIS 855

Syllabus

<p>Negligence — Railroads—Permissive use of track by pedestrians— Duty to use due care — Case for jury.</p> <p>1. When a railroad company' has acquiesced in the use by the public of a path upon its tracks, it is bound to take notice of conditions it has suffered to arise, and exercise that degree of care which the law requires when such conditions exist.</p> <p>2. Where a child was injured upon a well defined path leading through the yard of defendant railroad company, which path had been used by the public for a period of at least two months, and it appeared there was negligence in the operation of defendant’s engine, which caused the injury, the case was held to be for the jury.</p>