Shaffer v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 125, Jan. T., 1916, by defendant, from judgment of C. P. Columbia Co., Sept. T., 1914, No. 139, on verdict for plaintiff, in case of Lydia J. Shaffer v. Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Evans, J. ' The opinion of the Supreme Court states the facts. Verdict for plaintiff for $8,500 and judgment thereon.
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Appeal, No. 125, Jan. T., 1916, by defendant, from judgment of C. P. Columbia Co., Sept. T., 1914, No. 139, on verdict for plaintiff, in case of Lydia J. Shaffer v. Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Evans, J. ' The opinion of the Supreme Court states the facts. Verdict for plaintiff for $8,500 and judgment thereon. Defendant appealed. were in refusing to direct a verdict for defendant, and in refusing to enter judgment for defendant n. o. v. The deceased was sufficiently familiar with the crossing to he aware of the danger:…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
One question only is raised by this appeal: Was the evidence of contributory negligence upon the part of the decedent so clear that the court should have directed a verdict in favor of the defendant? It appears from the testimony that Isaac Shaffer, the plaintiff’s husband, drove an automobile truck up to a public crossing of the defendant’s railway and stopped with the front of the truck about six feet distant from the rail. His seat was some seven feet from the front of the truck, so that the point at which he was sitting was about thirteen feet from the rail,…
2Cases cited2 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Calhoun v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
3Cited by17 opinions
- Thomas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923
- Guilinger v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1931
- Muehlhof v. Reading Co.Supreme Court of Pennsylvania · 1932
- Jester v. Philadelphia, Baltimore & Washington R. R.Supreme Court of Pennsylvania · 1920
- Hazlett v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
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