Grant v. Philadelphia, Baltimore & Washington Railroad

Citations

• 215 Pa. 265
• 64 A. 463
• 1906 Pa. LEXIS 777

Syllabus

<p>Negligence — Railroads—Death—Presumption—Evidence.</p> <p>In an action against a railroad company by parents, to recover for the death of a son, the only evidence as to the accident was that the body of the deceased was on the railroad at some little distance from a permissive crossing, and that blood marks at the crossing indicated that he had been struck there. The evidence also showed that at the point in question, he sometimes walked the tracks longitudinally to the crossing, and sometimes approached the crossing from a route not along the tracks. There was nothing to show which route he used at the time of the accident. Held, that the plaintiffs could not recover.</p>