Smith v. Philadelphia & Reading Ry. Co.

Opinion by

Me. Justice Frazer,

Adeline Smith, a minor, and James Smith, her father, sued to recover damages for personal injuries sustained by the child, the result of the sudden starting of freight cars which had been standing on defendant’s tracks at a permissive crossing and between which she was attempting to pass. The case was submitted to the jury, a verdict rendered for each plaintiff and defendant appealed. The sole question for our consideration is whether de*99fendant owed a duty to plaintiff which it failed to perform.

The accident happened on what would be a crossing of Eighty-first…