Lumis v. Baltimore & Ohio Railroad

Citations

• 248 Pa. 189
• 93 A. 952
• 1915 Pa. LEXIS 541

Syllabus

<p>Negligence — Railroads—Infant trespassers — Children picking coal on tracks — Nonsuii.</p> <p>In an action against a railroad company to recover damages for. personal injuries sustained by a nine year old girl, a compulsory nonsuit was properly entered where it appeared that the plaintiff,. in company with her brother, a boy eleven years old, had been sent by their mother to pick coal on defendant’s tracks; that they entered the tracks at a crossing where a watchman of defendant’s was stationed and saw them pass with a basket and bucket; that they commenced picking coal when about 200 feet from such crossing at a point where a ditch and steep embankment were located immediately by the side of the north track, and a freight train was standing on the south track; that a space of five feet separated tbe north and south tracks, and allowing for overhangs there was not more than two feet between trains passing at this point; that after the children had been picking coal for several minutes a train approached on the north track, and, not having time to go around the standing cars, they stood with their backs against them and while in such position plaintiff fell, or was struck by or drawn under the passing train, there being no evidence that any one in charge of the train saw them until the moment of passing.</p>