Davies v. Delaware, Lackawanna & Western Railroad

Opinion by

Mr. Justice Bell,

This appeal is from an order of the lower court dismissing plaintiffs’ motion to remove a nonsuit. Viewing the evidence in the light most favorable to plaintiffs, as we must where a nonsuit has been entered: Szukics v. Ruch, 367 Pa. 646, 81 A. 2d 903; Pennsylvania R. R. Co. v. J. Jacob Shannon & Co., 363 Pa. 438, 70 A. 2d 321; the pertinent facts are as follows:

The decedent, aged 11, his sister Jane, and two other young children started to walk from the Davies home in Moscow, Pa., to Hollister, Pa., a town to the east. In order to reach their destination they walked…