Grimmer v. Pennsylvania Railroad

Citations

• 175 Pa. 1
• 34 A. 210
• 1896 Pa. LEXIS 1195

Syllabus

<p>Negligence — Railroads—Path on right of way of railroad.</p> <p>In an action against a railroad company to recover damages for personal injuries, received by plaintiff while approaching a station on a dark night, it appeared that plaintiff was unfamiliar with the road to the station, and upon inquiry was told to follow a white clay path which ran parallel with the tracks, about eighteen feet from them, within defendant’s right of way, and ended at the station platform on the farther side of a street which crossed the railroad at this point. The path had long been used as a way to the station. At the time of the accident the street which crossed the railroad at the station was being excavated for an undergrade crossing, and the defendant had placed an obstruction on the path just south of the street. During the progress of the work the path became defined around the obstruction, and as the work of excavation progressed people had to cross by a temporary crossing on which were the tracks themselves. The plaintiff testified that he went around the obstruction, and found himself “ on more obstructions ” and finally on the trestle where he was struck by an engine before he could extricate himself. Held, that the judgment of nonsuit was properly entered.</p>