Austin v. Hines

Opinion by

Mr. Justice Kephart,

Appellants brought this action against the director general of railroads to recover damages for the death of their minor child. The right to sue appellee was denied by the court below; hence this appeal. The circumstances leading to the death of the child as establishing negligence in some one is not disputed; appellants urge the director general is the one so liable.

At the beginning of the war, the Pittsburgh^ Fort Wayne & Chicago Railroad, an operating carrier, was located, at one point, on Fifth Avenue, New Brighton. Then, and for a long time prior thereto,…