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

Supreme Court of Pennsylvania

20 A. 517 (Pa. 1890)

Relevant factsFree

Bradford Railroad (defendant) customarily transferred other carriers' rail cars onto its own narrow-gauge flatcars, bolting or wire-tying down the minority of rounded-bottom cars (called 'Nypano' cars) that didn't sit securely; Titus's decedent, an experienced employee familiar with Nypano cars, was riding atop one when it worked loose on a sharp turn and tipped, throwing him to the tracks where he was killed by the following car. Titus (plaintiff) sued for negligence in transporting standard cars on narrow tracks, a jury awarded $5,325, and Bradford appealed.

IssueFree

Whether 'custom' may be considered in determining the standard of care required for employees and business owners engaged in a particular trade.

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