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Late one night in July 1934, near Exeter, Pennsylvania, an iron molder by the name of Harry Tompkins was walking alongside a railroad track on his way home. A door on a refrigerator car of a passing train unexpectedly flew open, striking Tompkins and knocking him to the ground. As a result of this accident, Tompkins lost an arm. The lawyer retained by Tompkins to represent him in a suit for damages knew that just getting to court posed a major problem. Pennsylvania law classified anyone walking on a railroad right-of-way as a trespasser who was, therefore, denied the right to recover for injuries that might have resulted from his trespass on the railroad's property. The operator of the train, the Erie Railroad, however, had been incorporated in the state of New York, where the courts had ruled differently, respecting the train...
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This section contains 227 words (approx. 1 page at 300 words per page) |
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