Franc v. Pennsylvania Railroad

Dissenting Opinion by

Mr. Justice Jones :

This appeal involves the question of the responsibility of a railroad company for damages for injuries sustained by an adult pedestrian when she fell through a hole in the floor of a railroad-owned and maintained bridge.

A reading of the record reveals that the injured plaintiff had been walking on the railroad right-of-way parallel to the railroad tracks until she arrived at the railroad bridge; the bridge—40 to 50 feet in length— contained one set of railroad tracks on either side of which tracks was a wooden-plank walkway laid paral*106lei to the tracks;…