Mitchell v. Pittsburgh, C., C. & St. L. R. Co.

DENISON, Circuit Judge.

Mrs. Mitchell brought suit in the court below to recover for personal injuries suffered in a derailment accident. There was a verdict for defendant. The assignments of error relied upon and needing examination are two. Each rests on the exclusion of evidence offered for the plaintiff.

The main defense on the merits was that a rail broke because of a concealed defect, not discoverable by diligent inspection. A piece of rail, said to be of this one, was produced at the trial, and seemed to indicate that the defect was of this latent character. In advance of the trial, and…