Ginocchi v. Pittsburgh & Lake Erie Railroad

Opinion by

Mr. Justice Kephart,

The plaintiffs sued to recover for the death of their son, aged thirteen, and obtained a judgment in the court below. Reversal is asked for the reason defendant was not negligent, and the trial court erred in its instruction to the jury relative to the boy’s earning capacity.

At eight o’clock in the morning, the boy was sent with the noon-day meal to his father, employed- at the Carnegie Steel Company, New Castle. The street leading to the place where the father worked was crossed by a number of railroad tracks just before entering the plant; some were owned by…