253 Pa. 299 | Pa. | 1916
Opinion by
Plaintiff brought this suit to recover damages for the death of hér husband.
The main line of defendant’s railway extends from Philadelphia to Washington, passing through the City of Chester in an easterly and westerly direction, and having there a passenger station known as Lamokin station. There is at that place four main tracks, on the south side of which is the station. To the north of the tracks and opposite the station is a shelter for the convenience of passengers. Between the north track, which we will call west hound, and this shelter there is a platform extending some distance along the track and about 23 feet wide; the part thereof adjoining the track being-of gravel and that adjoining the shelter of plank; and used as a station platform. A short distance east of the station is an overhead crossing known as Pennell Bridge,
The court below granted a compulsory nonsuit, on the ground of contributory negligence.
The deplorable accident seems to have been the result of a mistake on part of Mr. Biddle. He knew the through train kept on the main track, assumed this was
In any event, he was not a passenger nor intending to become such, nor was he at the station to assist a passenger on or off the train, or for any business connected with the railroad. His errand was a personal matter of his own. And, as he was not hurt at a public or permissive crossing, or so far as appears even on the station platform, or by any wanton or wilful act of the defendant, the accident creates no legal liability: Gillis v. Penna. R. R. Co., 59 Pa. 129; Balto. & Ohio R. R. Co. v. Schwindling, 101 Pa. 258; Brague v. Northern Cent. Ry. Co., 192 Pa. 242; Ambler v. Philadelphia & Reading Ry. Co., 39 Pa. Superior Ct. 198.
The assignment of error is overruled and the judgment is affirmed,