CARPENTER v. PENN CENTRAL TRANSP. CO.


269 Pa.Super. 9 (1979)

409 A.2d 37

Carole CARPENTER, Administratrix of the Estate of Darrell Carpenter, Deceased v. PENN CENTRAL TRANSPORTATION COMPANY, Appellant.

Superior Court of Pennsylvania.

Filed August 17, 1979.

Reargument Denied October 16, 1979.


Attorney(s) appearing for the Case

William J. McKinley, Jr., Philadelphia, for appellant.

William Goldstein, Philadelphia, for appellee.

Before PRICE, HESTER and HOFFMAN, JJ.


PRICE, Judge:

The instant appeal is from a judgment of the trial court in appellee's actions under the wrongful death and survival statutes. For the reasons stated herein, we reverse and remand for a new trial.

The facts pertinent to this appeal are as follows. On December 30, 1974, at approximately 9:43 p.m., the decedent, Darrell Carpenter, was found severely burned atop one of appellant's trains in its Philadelphia Suburban Station. According to a statement...

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