Bernardi v. Pennsylvania Railroad

Opinion by

Mr. Justice Barnes,

This action of trespass was brought by plaintiff, who claims to have been injured by a fall out of a window of a passenger coach in a train of the defendant company.

It appears that on the evening of July 28, 1933, shortly after eleven o’clock, the plaintiff boarded an eastbound train of the defendant at Altoona, having a ticket to Lewistown, Pennsylvania. He was a furloughed employee of the defendant, who had worked for the company as a laborer. At the time of the accident he was forty-nine years of age, his weight was one hundred and sixty pounds, and he was…