Matz v. Erie-Lackawanna Rd.

This action was commenced in the Court of Common Pleas of Summit County, and was brought by the plaintiff, appellee herein, James W. Matz, executor of the estate of Bessie L. Godwin, deceased, against the defendant, appellant herein, Erie-Lackawanna Railroad Company. Upon the issues created by the pleadings, the cause was submitted to the court upon the evidence without the intervention of a jury, and judgment in the sum of $20,000 was entered for the plaintiff. From this judgment, an appeal has been made to this court on questions of law.

In his petition, the plaintiff states that the…