Hoffman v. Pennsylvania Railroad Co.

• Citation: 248 Pa. 62,93 A. 821
• Decision Date: 18 January 1915
• Docket Number: 221
• Parties: Hoffman, Appellant, v. Pennsylvania Railroad Company
• Court: Pennsylvania Supreme Court

93 A. 821

248 Pa. 62

Hoffman, Appellant, v. Pennsylvania Railroad Company

No. 221

Supreme Court of Pennsylvania

January 18, 1915

Argued: January 7, 1915

Appeal, No. 221, Jan. T., 1914, by plaintiffs, from judgment of C.P. No. 1, Philadelphia Co., June T., 1911, No. 5815, refusing to take off a nonsuit, in case of John Hoffman, by and Through His Father and Next Friend, Edward Hoffman, and Edward Hoffman, v. Pennsylvania Railroad Company. Affirmed.

Trespass to recover damages for personal injuries. Before BREGY, P.J.

The opinion of the Supreme Court states the facts.

The trial judge entered a nonsuit which the court in banc subsequently refused to take off. Plaintiffs appealed.

Error assigned was in refusing to take off the nonsuit.

The judgment is affirmed.

Louis Goodfriend, for appellants.

Sellers & Rhoads, for appellee.

Before POTTER, ELKIN, STEWART, MOSCHZISKER and FRAZER, JJ.

OPINION

PER CURIAM:

The court below very properly refused to take off the judgment of nonsuit which was entered in this case. The boy who was injured was clearly a trespasser upon the tracks of the defendant company, at a place, where the difficulty in getting upon them, from the direction in which the boy approached, was very great. It appears from the record, that in order to accomplish his purpose, the boy climbed more than thirty feet up the steplike end of a stone abutment, and then apparently stepped around the end of an iron fence, walked along one track, over a trestle and between iron girders, and then while in the act of crossing another track, was struck by an approaching train. There was no warrant or excuse for the action of the boy, in coming upon the tracks in this way. There is not the slightest intimation in the testimony, that the injury was the result of wilful or wanton conduct upon the part of any employee of the defendant company.

The judgment is affirmed.