Patton v. Baltimore & Ohio R.

BURNS, District Judge.

Four slag cars, which were owned by defendant (“B & O”) and which were being .unloaded by third-party defendant (“Duquesne”), while parked on a ’downgrade, began to roll downhill and crashed into other cars at 'the foot of the slope. John Patton, who was working at the bottom of that hill, was killed instantly. Alleging negligence and violation of the federal Safety Appliance Act 45 U.S.C.A. § 1ff., Patton’s widow filed the complaint’at bar under the Pennsylvania death and survival statutes. 12 P.S. § 1601 et seq., 20 P.S. §§ 320.603, 320.613. Defendant removed the’ cáse…