Moss v. Reading Co.

Supreme Court of Pennsylvania

Decided July 20, 1965

Supreme Court of Pennsylvania · decided 1965-07-20

Relies on Evans v. Philadelphia Transportation Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1965-07-20

How this case has been cited

Cited by 27 later decisions — most recently September 2017 · most notably Blofsen v. CUTAIAR (1975), 357 Pa. Super. 196 - Krivijanski v. Union Railroad (1986)

3 federal appellate · 16 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Dissenting Opinion by

Mr. Justice Cohen :

¶2As I said in my opinion in Evans v. PTC, 418 Pa. 567, once the engineman knew or should have known of the decedent-trespasser’s presence (although there is no duty to anticipate such presence) the only question regarding defendant’s duty is whether the engineman acted reasonably under all the circumstances. Here there is no question about the engineman’s knowledge and, in my opinion, due to his recognition of decedent’s obliviousness to warning, the reasonableness of the engineman’s conduct is not a question that can be decided on a motion for nonsuit. Accord: Illustration 3 to §336 of the Restatement, Torts.

¶3I dissent.

Mr. Justice Musmanno joins in this dissenting opinion.