Carpenter v. Penn Central Transportation Co.

PRICE, Judge:

The instant appeal is from a judgment of the trial court in appellee’s actions under the wrongful death and survival statutes. For the reasons stated herein, we reverse and remand for a new trial.

The facts pertinent to this appeal are as follows. On December 30, 1974, at approximately 9:43 p. m., the decedent, Darrell Carpenter, was found severely burned atop one of appellant’s trains in its Philadelphia Suburban Station. According to a statement given by the decedent prior to his death, he had been accosted by an unknown assailant who robbed him at knife point, stabbed him in…