# Fallon v. Penn Central Transportation Co.

> Supreme Court of Pennsylvania · July 21, 1971 · 444 Pa. 148

URL: https://www.frixlaw.com/law-library/cases/6260366

## Case

- **Full name:** Fallon v. Penn Central Transportation Company
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 21, 1971
- **Citations:** 444 Pa. 148; 279 A.2d 164; 1971 Pa. LEXIS 771
- **Precedential status:** Published
- **Opinion:** Dissent by Bell
- **Judges:** Barbieri, Bell, Brien, Eagen, Jones, Pomeroy, Roberts
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6260366

## How later opinions describe it (automated extraction)

- recognizing “a special duty of care” on the part of a railroad toward motorists at a crossing with “a dangerously limited view”

## Opinion text

Dissenting Opinion by
Mr. Chief Justice Bell :
I dissent.
I would enter a judgment non obstante veredicto in favor of Penn Central Transportation Company for each of two reasons: (1) Plaintiffs failed to prove negligence, and (2) the minor plaintiff was guilty of contributory negligence as a matter of law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6260366. Public record. Not legal advice.