Cumberland & Pennsylvania Railroad v. State

The equitable plaintiff, the appellee in this Court, sued the appellant for killing her son, a hoy of seven years old, through the negligence of its employes in running the train which inflicted the injuries.

Appellant's engine No. 4 was coming east, into the City of Cumberland, drawing a train of five or six freight cars, including one box car. The tender was in front of the engine, which was running backward pulling the train. According to the plaintiff's witnesses the tender was square, five feet high from the truck, without any lookout Upon it, and was some obstruction to the fireman and…