Boggess v. Baltimore & Ohio Railroad

Citations

• 234 Pa. 379
• 83 A. 356
• 1912 Pa. LEXIS 658

Syllabus

<p>Negligence — Railroads—Yards — Permissive crossing — Contributory negligence.</p> <p>1. Where a railroad company permits consignees of produce to enter its yard for the purpose of unloading ears, and it appears that there were certain plank crossings in the yard used by wagons, but that it was also necessary for consignees in order to get to their cars, to go diagonally across intervening tracks, the railroad company will be liable for the death of one of the consignees who was killed, by the negligent operation of a train, while he was diagonally crossing the tracks at a point other than the plank crossings. Such a case is not controlled by the rules of law applicable to grade crossing eases.</p> <p>Negligence — Damages—Death — Darning capacity — Partnership profits.</p> <p>2. In an action to recover damages for death, the profits in a partnership business in which the deceased was engaged are not an element of damages in determining his earning power. If the deceased received a salary as manager of a partnership business, or a percentage of the profits for his services as manager, it is competent to show such salary in establishing his earning power; so also if the deceased was engaged alone in a business which required little or no capital, such as truekering or huckstering, the profits of such business may be shown.</p> <p>3. Where a husband engaged in a small business with only a nominal capital invested, and having no other means of support, gives his wife a monthy allowance with which to maintain his family, for a long period of years, it is a fair inference that the sums of money so given came from his earnings, and in a proper case, such proof is admissible to show earning power at least to the extent of the amount so furnished.</p>