MacK v. Reading Company

Opinion by

Mr. Chief Justice Horace Stern,

The facts of this accident constitute such a typical situation for the application of the rule of evidence commonly known as the doctrine of “exclusive control” that the case might well serve as a classical example of the need and use of that doctrine for the ascertainment of liability.

One Everly was operating a tractor-trailer in the nighttime along II. S. Route 1 near Parkland, Pennsylvania, when a freight train passed in the opposite direction along a track of the Reading Company, this track being located at that point on an embankment about 10 or…