Magier v. Philadelphia & Reading Railway Co.

Citations

• 257 Pa. 383
• 101 A. 731
• 1917 Pa. LEXIS 748

Syllabus

<p>Negligence — Railroads—Pedestrian—Grossing —Insufficiency of evidence — Intoxication—Contributory negligence.</p> <p>In an action against a railroad company to recover for personal injuries, plaintiff’s evidence is insufficient where he testifies that he neither saw nor heard a train, but as he stepped on the third track he was struck by a box-car, and he does not show that the car was operated by defendant company or that there was shifting of ■cars at that time and place; and, while he undertakes in a vague way to locate the accident at the crossing of a borough street, his story is incoherent, and he does mot deny that he was found after the accident with his foot amputated, more than 1,900 feet from the crossing; and there was evidence that he was intoxicated at the time of the accident.</p>