Baker v. Fehr
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1880, No. 360. This was an action on the case by the widow and minor children of John Eehr, deceased, against John W. Baker, Jr., to recover damages for the death of the said John Fehr, caused by the alleged negligence ' of one óf defendant’s servants, the driver of an ice-wagon, in running over the said Fehr in a public street of the city of Philadelphia.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1880, No. 360. This was an action on the case by the widow and minor children of John Eehr, deceased, against John W. Baker, Jr., to recover damages for the death of the said John Fehr, caused by the alleged negligence ' of one óf defendant’s servants, the driver of an ice-wagon, in running over the said Fehr in a public street of the city of Philadelphia. The undisputed facts, as developed on the trial, before Yerkes, J., were as follows: ■ On the morning of December 2d 1878, about 7 o’clock, the deceased got…
1Opinion of the CourtJustice Mercur
This action was brought by the widow and children of one killed by an unfortunate accident. A right to recover rests on proving that negligence of the plaintiff in error caused the death, without contributory negligence of the person killed. The question now is, whether there w'as sufficient evidence of negligence on the part of the plaintiff in error to justify its submission to the jury.
The burden of proving the negligence is on the defendants in error: McCully v. Clarke & Thaw, 4 Wright 399; Railway Co. v. Hummell, 8 Id. 375; P. & R. Railroad Co. v. Yerger, 23 P. F. Smith 121.
*72This is not…
2Cited by6 opinions
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- MacKin v. Patterson, AppellantSupreme Court of Pennsylvania · 1921
- Stringert v. Township of RossSupreme Court of Pennsylvania · 1897
- Schmidt v. McGillSupreme Court of Pennsylvania · 1888
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