Legal Opinion

Briggs v. East Broad Top Railroad & Coal Co.

Supreme Court of Pennsylvania

Decided July 9, 1903No. Appeal, No. 269PublishedCited by 6 opinions

Appeal, No. 269, Jan. T., 1902, by plaintiff from judgment of C. P. Huntingdon Co., Feb. Term, 1901, No. 1, on verdict for defendant in case of Sarah E. Briggs v. East Broad Top Railroad and Coal Company. Trespass to recover damages for death of plaintiff’s husband. Before Batley, P. J. At the trial it appeared that on March 5, 1900, plaintiff’s husband, George W. Briggs, a conductor employed by defendant, was killed by the derailment of a passenger train.

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Appeal, No. 269, Jan. T., 1902, by plaintiff from judgment of C. P. Huntingdon Co., Feb. Term, 1901, No. 1, on verdict for defendant in case of Sarah E. Briggs v. East Broad Top Railroad and Coal Company. Trespass to recover damages for death of plaintiff’s husband. Before Batley, P. J. At the trial it appeared that on March 5, 1900, plaintiff’s husband, George W. Briggs, a conductor employed by defendant, was killed by the derailment of a passenger train. The accident was caused by the breaking of a rail. Plaintiff claimed that the break was due to rotten ties. The evidence on this subject…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The plaintiff in this case is the wife of George W. Briggs, who was killed while engaged as a conductor on the line of the East Broad Top Railroad & Coal Company, on March 6,1900. This company operated a narrow gauge railroad extending from Mt. Union, Huntingdon county, to Woodvale, in the same county, a distance of about thirty-six miles.

At the time of the accident, the deceased was in charge of train No. 6, going south from Orbisonia at a place called Martins Meadow. The train was a mixed one of freight and passenger cars. It was admitted that the accident was…

2Cases cited4 opinions

  1. Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
  2. Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
  3. L. & N. R. R. v. FoxCourt of Appeals of Kentucky · 1875
  4. O'Donnell v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1868

3Cited by6 opinions

  1. McGrath v. Pennsylvania Sugar Co.Supreme Court of Pennsylvania · 1924
  2. Mine v. Western Maryland Railway Co.Supreme Court of Pennsylvania · 1918
  3. Anderson v. London Guarantee & Accident Co.Supreme Court of Pennsylvania · 1929
  4. Quigley v. Adams Express Co.Superior Court of Pennsylvania · 1905
  5. Miles' EstateSuperior Court of Pennsylvania · 1917

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