Pittsburgh, C. C. & St. L. Ry. v. Francis

Citations

• 22 Ohio C.C. Dec. 189

Syllabus

<p>DEATH — RAILROADS.</p> <p>1. Testimony by Wife That She is Administratrix not Proof op her Capacity to Sue.</p> <p>Testimony by wife that she is the administratrix of her hijisband is not proof that she was duly qualified and acting as such at the filing of the petition in an action for his death by wrongful act; but if there were no evidence of her legal capacity to sue, the defendant knowing or having good reason to believe that she had that capacity, judgment will not be reversed on that ground only.</p> <p>2. Provisions of Act Qualifying Liability of Railways for Employes’ Injuries Applies to Action for Wrongful Death.</p> <p>In an action for damages, brought under Gen. Code 10770 for the wrongful death of a locomotive engineer, alleged to have been due to a defective engine and a defective track upon which to operate it, it is proper to apply the provision of Gen. ■Code 9017, paragraph 2, qualifying the liability of railway companies for injuries to their employes.</p>