Smeltz v. Pennsylvania Railroad

Citations

• 186 Pa. 364
• 40 A. 479
• 1898 Pa. LEXIS 1008

Syllabus

<p>Negligence. — Railroads—Grossings—Infant.</p> <p>In an action by a boy five years old against a railroad company to recover damages for personal injuries, the case is for the jury where the evidence for the plaintiff, tended to show that the plaintiff approached a street crossing and found it obstructed by the last car of an east bound train ; that he waited until the train passed, and then crossed immediately behind the last car, and was struck by the engine of a west bound train on the second track; that no notice was given of the approach of the west bound train; that it came upon the crossing as the other train moved off and that it could not be seen by a person crossing the first track until he was almost in front of the engine.</p>