Ault v. Pennsylvania Railroad

Opinion by

Mr. Justice Arnold,

This is a death and survival action for damages arising out of the death of Clarence B. Ault. The court entered a compulsory nonsuit which it refused to take off, and this appeal followed.

On the 26th day of May, 1952, between 2:00 and 3:00 o’clock P.M., the Ford sedan of Clarence B. Ault and the bodies of himself and his wife were found on the tracks of the Pennsylvania Railroad beneath what is known as the Summit Cut Bridge, which bridge is about 73 feet above the tracks and spans the tracks at approximately right angles. The bridge was constructed and maintained…