Weatherbee v. Philadelphia, Baltimore & Washington Railroad

Citations

• 214 Pa. 12
• 63 A. 367
• 1906 Pa. LEXIS 585

Syllabus

<p>Negligence — Railroads—Infant—Nonsuit.</p> <p>In an action by a boy eight years old against -a railroad company to recover damages for personal injuries, it appeared that at the place of the accident the defendant had recently completed a retaining wall for the support of its elevated tracks. The wall was about eighteen feet high with a very considerable slope on the inside, and with rough, projecting stones. Up this slope, upon the back or inner side of the wall three or four boys, including the plaintiff, climbed. Two or three of the boys reached the top, and the plaintiff was nearly up, when a watchman of the defendant at the foot of the wall seeing the boys on top, called to them to get down. There was testimony that he shook hi£ flag or flag-stick at them, and that he made •a motion as if to throw a stone at them. The other boys called out to the plaintiff and he fell and was injured. The boys who had reached the- top got safely down without apparent difficulty. The watchman testified that he could not see the boy at the time, because of his position inside the wall. Held, that a nonsuit was properly entered.</p>