238 Pa. 315 | Pa. | 1913
Opinion by
The facts in this case are substantially as follows: On the evening of August 11, 1909, the plaintiff went to the passenger station of the defendant company, at Polk, Pa., at about seven o’clock. He concluded to go to Franklin upon a train leaving about nine o’clock, and with that purpose in view remained at or near the station. Shortly after eight o’clock, while the plaintiff was seated upon a baggage truck, which stood upon the station platform, a freight train passed rapidly upon the second track from the platform. While the train was passing, an iron brake bar which formed part of the brake equipment, broke, or became loosened at one end, fell down and was dragged for some distance, and then broke away entirely, and was hurled violently from the train, striking the station platform, and rebounding therefrom, struck and crushed plaintiff’s hand, which rested upon the truck at his side. The plaintiff brought this action to recover damages for the resulting in
The assignments of error are overruled, and the judgment is affirmed.