FREED V. ERIE LACKAWANNA RAILWAY
445 F.2d 619, cert. denied, 404 U.S. 1017 (1971)
NATURE OF THE CASE: This was a personal injury action.
FACTS: Freed (P) was struck by an Erie (D) train. P was the head brakeman on a freight
train and the accident occurred in the North Randall switching area. P and a fireman were
had just dropped off their train and had started walking down a right of way adjacent to a
side track when P was struck by a caboose. Second's before the accident, P's attention was
diverted by the fireman who had turned and called to the engineer of the freight train to
throw him is cigarettes. During deliberation the jury submitted a question to the trial
court asking if the switch train was within the yard limits at the time of the accident. The
court declined to answer in that it involved a question of fact. The verdict went to D and P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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