Carr v. Fagan

Opinion by

Mr. Justice Schaffer,

Plaintiff’s husband was killed as a result of falling through a hole in the space occupied by the tracks of defendant in a public highway bridge. She recovered a verdict in the court below and from the judgment entered thereon this appeal was taken by defendant.

The decedent was a passenger on a car traversing the bridge. Defendant had been engaged in repairing its tracks and the part of the bridge they covered, and in so doing had removed some of the planking forming the floor, leaving the hole through which decedent fell. The car on which he was riding had…