Holmes v. Pennsylvania Railroad

The opinion of the court was delivered by

Gummere, Chief Justice.

This suit is brought by the administratrix of Joseph J. Holmes, deceased, to recover from the defendant corporation the pecuniary loss sustained by his widow and next of kin through his death. He was killed, about two o’clock in the morning of the 4th of November, 1902, while driving along Cooper street, in the town of Beverly, in attempting to cross the tracks of the defendant company in front of an approaching train. The sole ground averred in the declaration for charging the defendant company with responsibility for his death…