Kremposky v. Mt. Jessup Coal Co.

Citations

• 266 Pa. 568
• 109 A. 766
• 1920 Pa. LEXIS 615

Syllabus

<p>NegligenceI —< Infants — >Railroad—> Contributory negligence — Trespassers — Operation of cars on bridge — Permissive way — Choice of ways — Trespass signs — Notice.</p> <p>1. Where a walk has become a permissive way, those using it are licensees, and not trespassers, and the rule as to the latter has no application. As to tbe former it is the duty of the owner of the premises to exercise reasonable care to avoid inflicting injury upon those using the way.</p> <p>2. It is the duty of those moving railroad cars over a permissive crossing, to look ahead, and see if the tracks are clear.</p> <p>3. In an action against a coal company to recover damages for personal injuries to a boy nine years old, the case is for the jury and judgment on a verdict for plaintiff will be sustained, where the evidence tends to show, defendant owned a bridge constructed over a ravine on its private property, on which it operated coal cars on a double track railroad; that on each side of the tracks was a plank walk, four to five feet in width, and protected on the outerside by a railing; that, for many years prior to the accident, people, both adults and children, had used the walk daily as a short cut between two localities, and for other purposes, including attendance on ball games, going for cows, etc.; that, on the day of the accident, plaintiff, in going after cows, was crossing the bridge on one of the walks, with three other boys, and had just passed a coal car standing on the adjoining track, when it suddenly moved forward, as the result of a bump of another car, and knocked him down, so that he was injured; that the car overhung the walk nearly two feet leaving only a narrow space for pedestrians, which space was occupied in part by a pile of coal; that defendant gave no warning of the movement of the cars; and a brakeman, in charge of the cars, testified he could have seen the boys but did not look, although he knew people were accustomed to use the walk.</p> <p>4. In such a ca