Della Porta v. Pennsylvania Railroad

Opinion by

Mr. Justice Allen M. Stearne,

This is an appeal from the refusal of a court in banc to take off a compulsory non-suit entered at the trial of an action in trespass. The suit was brought by a minor, through his father as guardian, and by the minor’s parents in their own right, to recover damages for personal injuries sustained by the child in the ladies’ lounge at the North Philadelphia Station of the Pennsylvania Railroad Company.

Such lounge is approximately twenty feet square and has a mirror about three feet wide on one wall. On either side of the mirror is a window six feet wide,…