Pennsylvania Railroad v. Lord

Pakke, L,

filed a dissenting opinion as follows, in which Sloax, J., concurred.

The burden of proof was upon the plaintiff to show by legally sufficient testimony that the defendant corporation was responsible for the injury she had sustained. This indispensable testimony is not supplied by conjecture or speculation nor by inferences which are not warranted by the facts.

The truck by which the injury was inflicted was leased by the Pennsylvania Railroad Company to the Baltimore & Eastern Railroad Company as the successor corporation by purchase to the Baltimore, Chesapeake & Atlantic Railway…