Jones v. Lehigh & New England Railroad
Supreme Court of Pennsylvania
Appeal, No. 10, Jan. T., 1902, by plaintiff, from order of C. P. Lebigh Co., April T., 1901, No. 1, refusing to take off nonsuit in case of John R. Jones and Elizabeth R. Jones v. Lehigh and New England Railroad Company and Henry Bittner. Trespass to recover damages for death of one of plaintiff’s children, and injuries to another.
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Appeal, No. 10, Jan. T., 1902, by plaintiff, from order of C. P. Lebigh Co., April T., 1901, No. 1, refusing to take off nonsuit in case of John R. Jones and Elizabeth R. Jones v. Lehigh and New England Railroad Company and Henry Bittner. Trespass to recover damages for death of one of plaintiff’s children, and injuries to another. Before Albright, P. J. At the trial it appeared that on August 12, 1900, plaintiff’s two daughters were riding in an omnibus, and that when the omnibus was going over defendants’ tracks at a public crossing, it was run into by a train, and one of the children was…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
An omnibus drawn by four horses and containing more than twenty people reached a crossing of the defendant’s road as a train approached it. A collision ensued in which eight of the passengers were killed and as many more injured. The driver exercised no care whatever to avoid danger, but as his negligence is not, as the law is now settled, to be imputed to the occupants of the vehicle (Bunting v. Hogsett, 139 Pa. 363), we have to consider only whether there is sufficient evidence of the negligence of the defendant to carry the case to the jury.
Two grounds of…
2Cases cited2 opinions
- Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
- Bunting v. HogsettSupreme Court of Pennsylvania · 1891
3Cited by9 opinions
- Little v. Central District & Printing Telegraph Co.Supreme Court of Pennsylvania · 1906
- McMahen v. WhiteSuperior Court of Pennsylvania · 1906
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
- Walsh v. Altoona & Logan Valley Electric Railway Co.Supreme Court of Pennsylvania · 1911
- Keinath v. BullockSupreme Court of Pennsylvania · 1920
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