Geiger v. Reading Co.

BARBIERI, J.,

Before the court is a demurrer filed by defendant, Reading Company, a railroad common carrier, seeking dismissal of a complaint by plaintiff who sues for injuries suffered while a passenger by reason of a projectile coming through the window of defendant’s railroad passenger car. Defendant’s ground for urging its demurrer is that the alleged negligence “cannot be held to be the proximate cause of plaintiffs injury.” Plaintiff resists defendant’s contention on the basis that his allegations of fault do charge defendant with actionable negligence, inter aha, in “Failing to take…