Franc v. Pennsylvania Railroad

Opinion by

Jacobs, J.,

Defendant appeals from the judgment entered on a verdict for the plaintiff after the lower court denied its motion for judgment n.o.v. and for a new trial.

The facts, viewed in the light most favorable to the verdict-winner, establish that on March 8, 1962, the 21 year-old plaintiff was injured when she fell through an opening left by a missing plank in the walkway of a railroad bridge owned and maintained by the defendant. The bridge, one of three in the vicinity, had been used by pedestrians in the area to cross Chartiers Creek for about thirty years without objection…