228 Pa. 621 | Pa. | 1910
Opinion by
Assuming, as we must, that the facts are as testified to by the plaintiff, the case may be stated thus: Plaintiff had been a passenger on the defendant company’s road, traveling from Wilmerding to Pitcairn on the night of October 30, 1907, in company with one Boyer. He had gone from his home in Pitcairn to Wilmerding that day to hunt, and on his return brought his gun with him. Bledsoe, a policeman or patrolman in the employ of the defendant company, with one Reed, also a patrolman in the same service, boarded the same train at Wilmer-ding, and occupied the same car with the plaintiff and Boyer. When the train arrived at Pitcairn all these parties alighted, the plaintiff and Boyer first, and immediately following, Bledsoe and Reed. On either side of the place where the train stopped there is a paved platform for the accommodation of passengers. When the plaintiff was in advance of Bledsoe and Reed some fifteen feet, moving over the platform to the subway, he heard Bledsoe say, "Hey there, Berryman.” He stopped, and then stepped back. As Bledsoe approached, speaking with Reed, he again stopped, resting the stock of his gun on his foot or on the platform and covering the muzzle with his hand. As he was thus standing, Bledsoe began shooting at him from a revolver while only four or five .steps away. The first shot took effect in his abdomen and prostrated him on the platform; another followed entering his groin; two more followed striking his right leg above the knee, a fifth struck him in his thumb. Bledsoe and Reed then ran from the scene, and the plain