Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 30, Oct. T., 1903, by plaintiff, from judgment of C. P. Jefferson Co., April T., 1901, No. 194, refusing to take off nonsuit in case of Catharine Schlemmer v. Buffalo, Rochester & Pittsburg Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Thomas, P. J., specially presiding.
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Appeal, No. 30, Oct. T., 1903, by plaintiff, from judgment of C. P. Jefferson Co., April T., 1901, No. 194, refusing to take off nonsuit in case of Catharine Schlemmer v. Buffalo, Rochester & Pittsburg Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Thomas, P. J., specially presiding. Atthe trialitappeared that the deceased, Adam M. Schlemmer, a brakeman in the employ of defendant, met his death on August 5, 1900, while coupling a car and a steam shovel car. The circumstances of the accident are stated by Thomas, P. J., in an opinion sur motion to take…
1Opinion of the Court
Per. Curiam,
Whether the act of congress of March 2, 1893 (27 U. S. Stat. at Large, 531), in regard to the use of automatic couplings on cars employed in interstate commerce, has any applicability at all in actions for negligence in the courts of Pennsylvania, is a question that does not arise in this case, and we therefore express no opinion upon it. The learned judge below sustained the nonsuit on the ground of the deceased’s contributory negligence and the judgment is affirmed on his opinion on that subject.
2Cited by2 opinions
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909