Thomas v. Central Railroad
Supreme Court of Pennsylvania
Appeal, No. 203, Jan. T., 1899, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1895, No. 309, on verdict for plaintiff. Trespass for death of plaintiff’s husband.
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Appeal, No. 203, Jan. T., 1899, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1895, No. 309, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Wilt-bank, J. At the trial it appeared that on March 1,1895, the deceased, who was the engineer of the Philadelphia & Reading Railroad Company’s fast express train, known as “The Royal Blue,” from Jersey City to Philadelphia, was killed at Bayonne city, by his train running into a wreck of empty coal cars. It appeared that the coal train, which consisted of a large number of coal cars, started for Jersey…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It is admitted"that the defendant’s employee, the flagman at the place of the accident, gave a signal to stop, and this being acted on by the engineer of the coal train produced the break up of the train and the piling up of the cars on the adjacent track. It is argued for appellant that the parting of the coal train is not proved, but only a matter of inference. There was, however, evidence for the jury that the train had parted. The conductor of the coal train testified that the cause of the cars piling up was “ the tail end of the train running into us ... .…
2Cases cited4 opinions
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