Jennings v. Susquehanna & New York R. R.

Opinion by

Trexler, J.,

The defendant company has the right-of-way over plaintiff's farm on which a single track railway has been built and over which a crossing has been maintained for many years by the company. On the morning of September 19, 1917, plaintiff's employee when operating a farm tractor attempted to cross the railway. By reason of the bad condition of this crossing he was put in such a position that his tractor was stuck and he was unable to go forward or back. Realizing his predicament he started on foot in the direction of Towanda assuming that if there were a train coming it…