Musto v. Lehigh Valley Railroad

Opinion by

Mr. Justice Maxey,

This is an action for damages for personal injuries. On September 17, 1932, plaintiff resided near the tracks of defendant company in Pittston. About 11 a. m. on that date he was walking along a path eighteen inches wide on an alleged permissive right-of-way which led across the railroad. As the path neared the tracks there was a four-foot sloping bank. Plaintiff claims that when he was on this sloping bank, six feet away from the first rail (or four feet from the overhang of the train) and three or four feet above the level of the tracks, he saw a freight train…