Huntingdon & Broad Top Railroad v. Decker
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Huntingdon county: Of May Term 1877, No. 168. Case by Mary Decker against the Huntingdon and Broad Top Railroad and Coal Company, to recover damages for herself and children for the death of her husband, Adolphus Decker, who was killed in a collision on defendants’ railroad and whose death she alleged was occasioned by the negligence of defendant. • Decker was in the employ of the railroad as a locomotive engineer.
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Error to the Court of Common Pleas of Huntingdon county: Of May Term 1877, No. 168. Case by Mary Decker against the Huntingdon and Broad Top Railroad and Coal Company, to recover damages for herself and children for the death of her husband, Adolphus Decker, who was killed in a collision on defendants’ railroad and whose death she alleged was occasioned by the negligence of defendant. • Decker was in the employ of the railroad as a locomotive engineer. His usual “run” was from Huntingdon south to Saxton. On the day of the collision, owing to an accident on the southern end of the road, Deéker…
1Opinion of the CourtJustice Sterrett
The husband of the plaintiff, while engaged as engineer in running one of the company’s trains, was killed in a collision with another train, of which Jacob Bowser was conductor. It was claimed, and evidence was offered to show, that Bowser was habitually intemperate, and unfit for the service in which he was engaged; that the collision was wholly the result of his general carelessness and incompetency, and that his bad habits and unfitness for the position were known to the superintendent by whom he was employed and retained in the service of the company.
The general principles of law,…
2Cited by22 opinions
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
- Birch v. Pittsburg, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1895
- Lewis v. Hunlock's Creek & Muhlenburg Turnpike Co.Supreme Court of Pennsylvania · 1902
- Marsh v. Western New York & Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1903
- Ross v. RobinsonOregon Supreme Court · 1944
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