Supreme Court of Pennsylvania March 26, 1941 (Mamic v. Pbgh. W. Va. R. R. Co.)

This is an appeal from a judgment secured by the plaintiff in a suit for personal injuries. His testimony was that he and a companion named Gudlin were walking from Avella to Rea, Pennsylvania, on route 28 on the morning of May 28, 1936, and when they reached the railroad crossing of the defendant company nearly 4 miles east of Avella about nine o'clock, they "took a smoke, and sat there for a