72 Pa. Super. 276 | Pa. Super. Ct. | 1919
Opinion by
The plaintiff’s son was killed while passing between two segments of a freight train on one of the defendant’s tracks while on his way to his work at Jones & Laughlin Steel Works. He and some of his fellow workmen were on their way to the plant at about six o’clock on the morning of December 3d. They went along a way used by employees of the steel company until they came to the track,
The learned trial judge held the evidence warranted the conclusion that there was a permissive crossing of the track covering a space within a distance of one or one and a half car length on either side of the planking laid between the rails, and that because of this fact the plaintiff’s son could not be regarded as a trespasser at the time he passed between the cars. That there was an acquiescence, if not an invitation, in the use of the crossing is clearly apparent from all the evidence and the surrounding circumstances. It was necessary to the convenient access of the employees of the steel company to their places of work that they pass this place, and hundreds
The judgment is affirmed.