Peters v. Bessemer & Lake Erie Railroad

Citations

• 225 Pa. 307
• 74 A. 61
• 1909 Pa. LEXIS 654

Syllabus

<p>Negligence — Railroads—Yards—Construction of switches — Clearance.</p> <p>1. A railroad company cannot be convicted of negligence in the construction of a switch yard merely because at certain points cars could not clear. In all switch yards there must be points where cars will not clear. A switchman, however, who is unfamiliar with a yard in which he is directed to work is entitled to instructions as to the locality of the dangerous points.</p> <p>Negligence — Damages—Death of infant.</p> <p>2. In an action to recover damages for the negligent killing of a boy under age, the jury should not be permitted to guess at the probable cost of boarding and clothing the deceased during his minority. Some proof of the probable cost'of maintenance during minority is indispensable in such an action, as this item must be deducted from probable earnings to establish the real damages.</p>