Franc v. Pennsylvania Railroad

424 Pa. 99 (1967)

Franc, Appellant,

v.

Pennsylvania Railroad.

Supreme Court of Pennsylvania.

Argued September 27, 1966.

January 4, 1967.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

H.N. Rosenberg, with him Rosenberg and Kirshner, for appellant.

Michael R. Dougherty, for appellee.

OPINION BY MR. JUSTICE MUSMANNO, January 4, 1967:

On March 8, 1962, Rosemarie Franc was crossing, on foot, a railroad bridge over Chartiers Creek in Carnegie, when she fell through a hole in the floor of the bridge, due to a missing plank, and sustained serious injuries. She brought suit in…