247 Pa. 425 | Pa. | 1915
Opinion by
Some two months before the happening of the accident which is the basis of the present action, the defendant company had established a yard south of its main tracks near Sandpatch station, and had constructed thereon a Y on which to turn its engine. In so doing it appropriated a portion of a public road south of the crossing at Sandpatch, and supplied the break thus made by a new link which increased the distance from the crossing at Sandpatch south some 700 feet. The plaintiff, Jacob H. Francis, father of the injured boy, resided south of the crossing; his children attended a public school north of the crossing, and were accustomed, in order to avoid the increased distance by the supplied road, in going and returning from school, to walk over the defendant company’s yard, follow along the east track of the Y till the main tracks of the railroad were reached, and then continue along these until they reached the public crossing. In returning from school on the afternoon of 24th February, 1913, the injured boy, a lad of nine years, in company with two of his sisters, one thirteen years of age and the other six, was following the course indicated. Having crossed the main tracks of the railroad on the public road, they turned eastward, following for a short distance the line of the railroad until they came to the eastern branch of the Y. From this point they proceeded along the Y until reaching a point where the ground at the side of the track was somewhat obstructed, or, uneven as some of the witnesses testified, they left the side of the track and were pursuing their way upon the ends of the ties outside the rail, when the plaintiff, who was in advance of the others, was struck and seriously injured by the tender of an engine which was backing over the Y to the main track. The action resulted in a verdict for the plaintiff. The negligence alleged was failure of those in charge of the engine to give warning of its approach, and failure to occupy positions which would have given a front view of the track over which
The assignment of error is overruled and the judgment is affirmed.