Wolfe v. Smith

<p>Appeal, No. 1, Oct. 1, 1916, by defendant, from judgment of C. P. Armstrong Co., Sept. T., 1914, No. 19, on verdict for plaintiff, in case of Mary P. Wolfe v. Frank Sullivan Smith, Receiver of the Pittsburgh, Shawmut & Northern Railroad Company, a Corporation.</p> <p>Trespass to recover damages for personal injuries. Before King, P. J.</p> <p>From the record it appeared that on Nov. 29, 1913, plaintiff left her uncle’s home in the country to take a train at Colwell for Kittanning.</p> <p>Colwell is a flag station on the Pittsburgh & Shawmut Railroad which railroad is operated by Frank Sullivan Smith, Receiver, the defendant.</p> <p>Plaintiff and her aunt and cousin who intended taking same train were driven to station. The station consisted of a platform, forty feet long and nine feet, four inches wide, with a shelter house on the north side along the highway where the passengers get on the platform and where a step is maintained for that purpose.</p> <p>The plaintiff, her aunt and cousin went up onto the platform into the shelter house.</p> <p>The plaintiff stated that she went out of the shelter house and walked up and down in front of same; that she then walked to the north end of the station platform; that she could see that she was at the end of the platform and thought it was about a foot to the ground, stepped down intending to walk a short distance up the track, was mistaken in the distance which was about four feet and fell into a ditch, spraining her ankle. The night was dark, and it was raining. There was no guard rail at north end of platform where accident occurred.</p> <p>Verdict for plaintiff for $2,500.00 and judgment thereon. Defendant appealed.</p> <p>Errors assigned were various instructions to the jury, the refusal of the court to direct a verdict for defendant and to enter judgment for defendant n. o. v.</p>