McGrath v. Pennsylvania Railroad

Opinion by

Kephart, J.,

For many years there existed in the Borough of Wilkinsburg a dangerous grade crossing. The borough, by agreement with the defendant, secured the elimination of this crossing by conducting the street or highway underneath the defendant’s tracks. The latter were sustained by a bridge which spanned the street and because of its length and width piers were necessary to support it. The plaintiff, while driving his car at night, ran into one of these piers. In his statement he avers that the defendant was negligent in permitting its piers to remain in the said street without a…