Comly v. Pennsylvania Railroad
This text of 12 A. 496 (Comly v. Pennsylvania Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
That Washington A. Comly was a trespasser and brought upon himself the misfortune which befell him is not doubtful. Nothing could be more obvious than that the railroad did not intend that passengers should reach its station by the way and in the manner he chose to adopt. The ditch and the character of the ground were, of themselves, sufficient notice of this fact; but,, in addition, the wire fence under which he had to stoop to reach the point of the accident was a positive warning that in passing-it he assumed every risk that might possibly occur on his way to the train which he intended to board.
[372]*372Under these circumstances the court was unquestionably right in directing the nonsuit.
. The judgment is affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
12 A. 496, 9 Sadler 369, 22 Week. No. 42, 1888 Pa. LEXIS 907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comly-v-pennsylvania-railroad-pa-1888.