Titus v. Bradford, B. & K. R. Co

136 Pa. 618, 20 A. 517 (1890)

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Nature of the Case

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Facts

Bradford (D) operated a train line that had a narrow gauge railroad track. It was not compatible with other lines, so the car bodies were hoisted from the standard track to the narrow track. Among the roads, whose cars D was in the habit of receiving and transporting, was the New York, Pennsylvania and Ohio Railroad, known as the 'Nypano.' The construction of those cars differed somewhat from most of the standard-gauge cars handled by D. The center plates of the bolsters on the bottom of the Nypano cars were partially oval, shaped somewhat like the bottom of a common saucer, and fitted into correspondingly shaped center plates on the bolsters of the trucks. As a result, woodblocks were used to prop up the ends to stop the cars from rocking when rounding a curve. Titus (P) had worked for the D for two years and was familiar with the system. On the day in question, a conductor had visually inspected the cars to make sure they were properly secured. P was sitting on the brake wheel on the top of the car, at its rear end. When it commenced to rock, he started to run along the top of it, to get to the car in front, but before he could get that far, the car tipped over. He then jumped to one side and, falling on the track, was run over by the rear truck of the car and killed. P's estate sued, claiming that the company was negligent in using standard car bodies on narrow gauge track bodies. The jury returned a verdict for P for $325. D appealed.