Simpkins v. Pennsylvania Railroad

Opinion by

Mr. Justice Barnes,

Plaintiff brought this action to recover damages for the death of her son, seventeen years of age, who was killed by a train of defendant company while attempting to cross its tracks near Forty-eighth Street and Green-way Avenue in Philadelphia. At the conclusion of plaintiff’s evidence upon the question whether defendant was negligent, a motion for a compulsory nonsuit was granted, which the court subsequently refused to take off. From this order, plaintiff has taken the present appeal.

Greenway Avenue, extending east and west, crosses Forty-eighth Street…