MacDonald v. Pennsylvania Railroad

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from the action of the court below in entering judgment for defendant n. o. v. The plaintiff recovered a verdict of $2,500. for herself individually and $7,500. as administratrix of the estate of Donald R. MacDonald, a nine months old child who was lulled on March 16, .1941, while a passenger on defendant’s train. The latter was derailed while running along the banks of the Ohio River near Baden, Pa. The two cases were consolidated for trial.

The plaintiff made out a prima facie case by proving that the child was killed while a passenger in…