Flaherty v. Pennsylvania Railroad

Opinion by

Mr. Chiee Justice Bell,

This is a trespass action for damages arising from an accident in which plaintiff was injured while un*84loading a box car on defendant’s railroad tracks. Plaintiff recovered a verdict of $30,000, the lower Court entered judgment n.o.v., and from that judgment plaintiff took this appeal. On February 20, 1963, plaintiff John L. Flaherty had backed his truck against the open door of a railroad box car in order to unload about 150 cartons of paper napkins. These cartons were stacked in layers seven feet high from the floor of the box car. At the time of the accident…