Waltz v. Pennsylvania Railroad

Citations

• 31 Pa. Super. 286
• 1906 Pa. Super. LEXIS 207

Syllabus

<p>Negligence — Railroads—Infant—Parent and child — Parties—Amendment.</p> <p>Where a suit is brought in the name of a father to recover damages for the death of an infant son, and the jury returned a verdict in a lump sum for the parents as “total damages for the death of their son,” the record may subsequently be amended by adding the name of the mother of the deceased.</p> <p>Negligence — Railroads—Newsboy—Station—Defective locomotive.</p> <p>Where a boy employed by a news company is properly and lawfully engaged in taking newspapers from a train standing at a station, and while doing so is killed by a locomotive passing on the track between the train and the station, the company will be liable for his death where it appears that the locomotive was in a defective condition, that by reason of the defect it could not be stopped by its engineer after he had ascertained that a train was standing at the station, and that the locomotive was being operated by direct order of the superintendent of the division after he had been advised of its defective condition.</p>