Fuller v. Pennsylvania Railroad

Opinion by

Ross, J.,

This is an action of trespass brought to recover for personal injuries sustained by the plaintiff while he was riding as an intrastate passenger on a train owned and operated by the defendant. The jury returned a verdict in plaintiff’s favor and after the defendant’s motion for judgment n.o.v. was refused by the court below, it took this appeal.

The plaintiff was injured on October 6, 1948, when the train on which he was riding was derailed due to a .rock slide' from a hillside adjoining the defendant’s tracks. The hillside from which the rock fell to the defendant’s tracks…