Freida Mandel and Sam Mandel v. Pennsylvania Railroad Company

On Petition for Rehearing.

Our original opinion filed May 23, 1961 was based on a belief that the trial judge had effectively removed from consideration by the jury any claim of injury due to extraordinary swaying of the train by the excerpt from the charge therein quoted. But this position, we must in candor admit, is untenable in view of the later instructions which the appellant now stresses. Thus the jury was instructed that if it found the passageway of the car unsafe because of slush or lack of light “or if you find that the train was moving along in such a negligent and careless manner…