Tissue v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county: Of July Term, 1885, No. 151. This was an action on the case brought by Cornelia Tissue, widow, and Elizabeth Pearl Tissue, child of Charles Tissue, deceased, against the Baltimore and Ohio Railroad Company, lessee of the Pittsburgh and Connellsville Railroad, to recover damages for the death of the husband and father of the plaintiffs, alleged to have been caused by the negligence of the defendant in storing a large…
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Error to the Court of Common Pleas of Somerset county: Of July Term, 1885, No. 151. This was an action on the case brought by Cornelia Tissue, widow, and Elizabeth Pearl Tissue, child of Charles Tissue, deceased, against the Baltimore and Ohio Railroad Company, lessee of the Pittsburgh and Connellsville Railroad, to recover damages for the death of the husband and father of the plaintiffs, alleged to have been caused by the negligence of the defendant in storing a large quantity of dynamite so near the place in which the deceased was employed as to kill him by the accidental explosion of it.…
1Opinion of the CourtJustice Gordon
The dynamite magazine, from the explosion of which Tissue lost his life, was placed in the position which it occupied; by the direction of Thomas D. Armstrong, who filled the position of superintendant of the work at the-tunnel, and in this he acted under the instructions of Mr. Yardly, the master of the road. This act, then, so far as it concerned subordinate' employés, was by the corporation itself, and cannot be attributed to any of the fellow servants of the deceased: Frazer v. The Pennsylvania Railroad Co., 2 Wr., 102; Patterson v. Pittsburgh & Connellsville R. R. Co., 76 Pa. St. Rep.,…
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