Miller v. Pennsylvania-Reading Seashore Lines, Inc.

The opinion of the court was delivered by

Perskie, J.

This is the plaintiff’s appeal from a judgment based on a directed verdict in favor of the defendant. The decisive question presented is whether the infant plaintiff was engaged in the lawful use of a public grade crossing when he sustained his injuries or whether he was a trespasser on the property of the defendant company. The facts giving rise to the query are substantially these:

On September 6th, 1933, the plaintiff, an eight-year-old boy, was crossing the tracks of the defendant company at a turnpike crossing. This crossing lies between…