Briggs v. East Broad Top Railroad & Coal Co.

Citations

• 206 Pa. 564
• 56 A. 36
• 1903 Pa. LEXIS 762

Syllabus

<p>Negligence — Railroads—Broken rail — Rotten ties — Evidence.</p> <p>In an action against a railroad company to recover damages for the death of one of its conductors, caused by a broken rail, the court commits no error in refusing to submit the case to the jury, where the plaintiff’s theory that the break was caused by a rotten tie, is not supported by any definite testimony that the ties were rotten at the place of the break.</p> <p>In such a case it is not error for the court to refuse to permit the plaintiff to show that the defendant company had allowed its roadbed and its rails to fall into bad repair generally, and at places other than that of the accident. O’Donnell v. Allegheny Valley R. R. Co., 59 Pa. 239, distinguished.</p> <p>Evidence — Res gesta — Declarations—Negligence—Railroads.</p> <p>In an action against a railroad company to recover damages for the death of one of its conductors caused by a broken rail, it is not error for the court to exclude proof offered by the plaintiff of declarations made about half an hour after the accident by the division foreman.</p>