Baker v. Allegheny Valley Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clearfield county: Of May Term 1880, No. 151. Trespass on the case by Bridget Baker and others, the wife and infant children of Bartley Baker, deceased, against the Allegheny Yalley Railroad Company, to recover damages for the death of said Bartley Baker, alleged to have been caused by the negligence of defendant. Plea, “ not guilty.”
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Error to the Court of Common Pleas of Clearfield county: Of May Term 1880, No. 151. Trespass on the case by Bridget Baker and others, the wife and infant children of Bartley Baker, deceased, against the Allegheny Yalley Railroad Company, to recover damages for the death of said Bartley Baker, alleged to have been caused by the negligence of defendant. Plea, “ not guilty.” Baker was one of a gang of men working on a gravel train, and, at the time he was killed, in 1876, was engaged along with others in hoisting heavy stones upon the cars of the train. In loading the stones, the men used a…
1Opinion of the CourtChief Justice Sharswood
The deceased, to recover damages for whose death this action was instituted in the court below, was a laborer employed by the defendants in hoisting stones upon the cars of a gravel train. Eor this purpose a derrick was used on an upright wooden mast held in place by guy ropes, and while in the act of raising a heavy stone, one of the ropes broke and the mast of the derrick fell with great force on the deceased, inflicting an injury from the effects of which he died within an hour.
Whether the defendants were prima facie liable was the question; in other w'ords, did the evidence adduced by the…
2Cited by16 opinions
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