Legal Opinion

Schwarz v. Delaware, Lackawanna & Western Railroad

Supreme Court of Pennsylvania

Decided May 1, 1905No. Appeal, No. 47PublishedCited by 10 opinions

Appeal, No. 47, Jan. T., 1904, by plaintiff, from order of C. P. Munroe Co., Feb. T., 1901, No. 11, refusing to take off nonsuit in case of Richard F. Schwarz v. The Delaware, Lackawanna & Western Railroad Company. Trespass to recover damages for death of plaintiff’s son and for the killing, of two horses and the destruction of a wagon. Before Ferris, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit.

1Opinion of the Court

Opinion by

Mb. Justice Potteb,

This is an appeal from the refusal to take off a judgment of nonsuit. The learned trial judge felt that from the facts, the unavoidable conclusion followed that the deceased (two young *627men) were guilty of contributory negligence. He attempted to demonstrate this' by a mathematical calculation, and in so doing assumed that the train was moving at a uniform speed of forty miles per hour; that the wagon was moving at a uniform speed of two miles per hour; that the wagon was struck when the driver was directly in the center of the south-bound track; that when the…

2Cases cited1 opinion

  1. Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904

3Cited by10 opinions

  1. Crawford v. Southern Pacific Co.California Supreme Court · 1935
  2. Gregg v. Western Pacific RailroadCalifornia Supreme Court · 1924
  3. Haller v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1931
  4. Fallon v. Penn Central Transportation Co.Supreme Court of Pennsylvania · 1971
  5. Bernstein v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916

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