Kurel v. Shamokin Borough

85 A. 83, 237 Pa. 211, 1912 Pa. LEXIS 919

Opinion

Per Curiam,

On the side of the borough street on Avhieh the plaintiff Avas injured there Avere the tracks of a steam railroad, and at the place of the accident there Avas on the other side a guy-pole, the outer surface of Avhieh Avas in line Avith the outer edge of the foot Avalk. There Avas a clear space betAveen the railroad tracks and the foot walk of more than eleven feet. The plaintiff was selling farm produce and stopped his wagon so near the tracks that it was struck by a train and pushed against the pole. There was ample room for his wagon to stand on the street at a safe distance from the tracks and it is too evident to admit of doubt that his injuries resulted entirely from his own negligence.

The judgment of nonsuit is affirmed.