Pennsylvania R. R. v. Elliott

Epitomized Opinion

First Publication of this Opinion

Elliott sued R. R. in Mahoning Common Pleas, alleg'-’ng that in crossing R. R. tracks she caught her foot in worn out planking, fell forward, and was severely injured. Evidence disclosed that just as she was clearing the tracks, a train came by. Whether she was hit by the train was disputed. The court refused to charge that it was Elliott’s duty to exercise reasonable care to discover, an approaching train, and if she went upon the tracks in such close proximity to the approaching train that the engineer could not, in the exercise of ordinary…