Dutton v. Philadelphia, Baltimore & Washington Railroad

Citations

• 32 Pa. Super. 630
• 1907 Pa. Super. LEXIS 63

Syllabus

<p>Railroads — Construction of bridge — Injury to dam — Negligence.</p> <p>Where a railroad company for the purpose of strengthening or supporting a previously constructed bridge, erected trestles under the bridge in the bed of the stream in such a way as to pack the ice in large masses, which on breaking away destroyed a dam breast, the ownef of the dam is entitled to recover damages from the railroad company for the injuries sustained.</p> <p>Evidence — Expert witness — Negligence—Construction of bridge — Railroad.</p> <p>A witness called to testify as to the negligent construction of a support for a bridge by a railroad company, is qualified as an expert where it appears that he had had a course of technical education in engineering, had followed railroad engineering as a profession, had experience in the bridging of streams, and had examined the construction in question, had made measurements of it, and was familiar with the topog- . raphy of the surrounding country and the general force and size of the stream.</p> <p>Where an expert witness called to establish negligence has been improperly rejected, and the defendant has introduced testimony to negative the contention of the plaintiff, the court may permit the plaintiff to call the expert in rebuttal.</p>