Cubitt v. New York Central Railroad

Opinion by

Mr. Justice Sadler,

The plant of the Atlantic Refining Company between Oil City and Franklin covers a large tract of *368ground, upon which various buildings have been constructed. Under an agreement, the New York Central Railroad installed a siding, connecting its main track on the east with the powerhouse of the refinery, located to the west. Coal cars were transported over it, — usually between four and five o’clock in the afternoon, — and the making of the daily movement was known to the workmen engaged on the premises. A train was pushed in on June 23, 1922, at the regular hour,…