Loughlin v. Pennsylvania Railroad

Citations

• 240 Pa. 174
• 87 A. 294
• 1913 Pa. LEXIS 647

Syllabus

<p>Negligence — Railroads—Signal torpedoes — Young children — Explosion — Proximate cause — Case for jury.</p> <p>In. an action to recover damages for injuries to a child nine years of age, caused by the explosion of a railroad torpedo used for signalling trains, it appeared that two torpedoes were found by children lying loose on the rails of defendant railroad, which at that point were laid in a public street; that such torpedoes were used by defendant at that place to warn trains in foggy weather, and that they were carried away by the children and one exploded while one of the children was trying to open it, causing the injury complained of. Held, the questions of defendant’s negligence, and the proximate cause of the injury were for the jury, and a judgment of nonsuit was improper.'</p> <p>Mr. Justice Brown dissents.</p>