Steiner v. Pittsburgh Railways Co.

Opinion by

Mr. Chief Justice Bell,

Plaintiff-administratrix appeals from a judgment of nonsuit. The judgment of nonsuit was entered in a trespass action brought by plaintiff for damages for the death of her intestate.

Defendant operates railway cars by cable on two tracks from the bottom of a hill to the top of a hill in Pittsburgh on a steeply inclined track. The track on this particular hill was 2644 feet in length, with an elevation of over 400 feet.

Plaintiff pleaded two factual theories to establish her right to recovery. The first theory pleaded was that on or about October 8, 1953,…