Davenport v. Pennsylvania Railroad

Opinion by

Mr. Justice Allen M. Stearns,

This is an appeal from the refusal of defendant’s motion for judgment n. o. v. in an action for wrongful death.

Viewed in the light most favorable to the plaintiff, the facts are recited in the opinion of Judge Levinthal in the court below:

“The defendant, Pennsylvania Railroad Company, owned a siding constructed on a coal trestle on premises owned by it and leased to J. M. Bruner & Company, a firm engaged in the coal business. The tracks enter the siding from the northeast and straighten out in an east-west direction approximately 315 feet from the bumper…