Tully v. Philadelphia, Wilmington & Baltimore Railroad

Spruance, J.:

This action was brought by the adminstrator of Henry Tully, deceased, for the recovery of damages for the death of the said Henry Tully, alleged to have been occasioned by the negligence of the defendant.

The material facts as shown by the record are as follows: An engine and train crew of the defendant had shifted a box car, coal car, and stone car from the main track of the defendant’s road, in the City of Wilmington to a side track, known as the corn track, leaving the end of the stone car projecting over the main track. Immediately thereafter the said Henry Tully, aged about…