Hensler v. B. & O. R. R.

Plaintiff, the appellee herein, filed suit in the Court of Common Pleas of Butler County, as administrator of the estate of decedent Mary Elizabeth Hensler, for damages resulting from the collision of defendant-appellant’s train with an automobile in which decedent was a passenger. The complaint alleged that the collision was the direct and proximate result of defendant’s negligence in the operation of its train and in the maintenance of its tracks and right-of-way. The defendant’s answer admitted the collision, hut denied all other allegations of the complaint. In due course, a trial by jury…