Peden v. Baltimore & Ohio Railroad

Opinion bx

Mr. Justice Stern,

In this case there is no dispute between the parties as to the applicable principles of law; the sole question is whether, in view of those principles, there was evidence upon which defendant’s liability could be predicated.

At Gratztown, Westmoreland County, three brothers, Tommy Peden, aged 11 years, John Peden nine, and Albert eight, attended a school situated on a tract of ground abutting on railroad tracks upon which defendant operated its trains. The tracks were three in number, the southerly or eastbound, the middle or westbound, and a spur track to the north…