Gaul v. Consolidated Rail Corp.

CIRILLO, President Judge:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County denying the removal of a compulsory nonsuit and entering judgment in favor of the appellee Consolidated Rail Corporation [Conrail]. We affirm.

This case arises out of the death of plaintiffs/appellants John and Evelyn Gaul’s son, Richard Gaul, on the evening of November 26, 1980. Richard was run over and killed by a train travelling westward from Philadelphia to Reading on Conrail’s Norristown line. From testimony adduced at trial, it appears that at the time of the accident, Richard…