McMichael v. Pennsylvania Railroad

Opinion by

Mr. Justice Barnes,

The plaintiff instituted this action to recover damages for injuries sustained on October 22, 1935, at about 5:30 o’clock p. m., when he was struck by a freight train of the defendant company. The accident happened upon what is known as the Belmont Branch of defendant company, at a point about one hundred feet north of Lansdowne Drive, in Fairmount Park, Philadelphia.

The plaintiff avers in his statement that the defendant’s freight train ran into him while he was upon its tracks in a “helpless condition,” and that as the result of the injuries received he has…