Falchetti v. Pennsylvania R. R.

Opinion by

Mr. Justice Simpson,

Plaintiffs sued to recover damages for the death of their minor son, who was struck by the overhang of the cylinder head on one of defendant’s passing engines, while he was walking longitudinally on its right-of-way, immediately adjacent to its tracks. The boy was six years old, too young to be eontributorily negligent; but he was nevertheless a trespasser on the right-of-way, and for an injury resulting under such circumstances defend ant will not ordinarily be liable: Conn v. P. R. R. Co., 288 Pa. 494; Kolich v. Monongahela Ry. Co., 308 Pa. 463. Of course, if…