Titus v. Bradford etc. R.
Pennsylvania Court of Common Pleas, McKean County
No. 13 July Term 1890, Sup. Ct.; court below, No. 8 December Term 1888, C. P. On October 1, 1888, Mary L. Titus brought trespass against the Bradford, Bordell & Kinzua Railroad Company, to recover damages for the death of the plaintiff’s minor son.
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No. 13 July Term 1890, Sup. Ct.; court below, No. 8 December Term 1888, C. P. On October 1, 1888, Mary L. Titus brought trespass against the Bradford, Bordell & Kinzua Railroad Company, to recover damages for the death of the plaintiff’s minor son. Her statement of claim averred that her said son, James Titus, on June 7, 1888, was in the employ of the defendant as a brakeman, and engaged in the performance of his duty as such on a freight train; that in making up said train, the defendant negligently placed therein one or more broad-gauge cars, set on narrow-gauge trucks, and so heavily…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
We have examined all the testimony carefully, and fail to find any evidence of defendant’s negligence. The negligence declared upon is the placing of a broad-gauge car upon a narrow-gauge truck, and the use of “ an unsafe, and not the best appliance, to wit, the flat centre plate; ” or, as expressed by the learned judge in his charge, in using on the narrow-gauge road the standard ear bodies, and particularly the New York, Pennsylvania & Ohio car body described by the witnesses. But the whole evidence, of plaintiff’s witnesses as well as of defendant’s, shows that…
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