Morrison v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.

Citations

• 26 Pa. Super. 338
• 1904 Pa. Super. LEXIS 317

Syllabus

<p>Negligence — Explosion of naphtha — Railroads—Contributory negligence.</p> <p>In an action by a mother and son to recover damages for personal injuries resulting from the explosion of a railroad car containing naphtha, the evidence for the defendant, a railroad company, was in effect that the plaintiffs knew for some time that cars containing naphtha were burning, and that they went into a field out of mere curiosity to see the conflagration, and while there received the injuries for which suit was brought. The evidence for the plaintiffs tended to show that the boy had gone out to look after a cow which was tethered in or near the field, and that the mother, becoming anxious over the boy’s long absence, had gone out to “ see what was keeping him.” Held, that the question of plaintiff’s contributory negligence was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>