Sims v. Pennsylvania Railroad

Opinion by

Mr. Justice Walling,

This appeal by plaintiff is from the trial court’s refusal to take off a compulsory nonsuit, granted in his action against the defendant railroad company for personal injuries sustained by him while in its employ as a brakeman. Such refusal was error. Defendant has a freight yard along the south side of its main tracks at East Liberty, where, on the evening of August 27, 1921, plaintiff was engaged with other members of a local crew in making up an out-going train. For that purpose they had placed cars (herein called the line) on a siding and were attempting to…