Evans v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 131, Oct. T., 1909, by-plaintiff, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1906, No. 786, for defendant non obstante veredicto in case of Elizabeth Evans v. Pennsylvania Company, operating the Pittsburg, Fort Wayne & Chicago Railway. Trespass to recover damages for death of plaintiff’s husband. Before Davis, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 131, Oct. T., 1909, by-plaintiff, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1906, No. 786, for defendant non obstante veredicto in case of Elizabeth Evans v. Pennsylvania Company, operating the Pittsburg, Fort Wayne & Chicago Railway. Trespass to recover damages for death of plaintiff’s husband. Before Davis, J. The opinion of the Supreme Court states the facts. At the trial the jury returned a verdict for plaintiff for $3,000. Subsequently the court entered judgment for defendant non .obstante veredicto. Error assigned was in entering judgment for defendant non…
1Opinion of the Court
Per Curiam,
That the death of the plaintiff’s husband was caused by his negligence in walking in front of a train which he would have seen had he looked, is clear beyond all doubt. He was an ac-*371live man sixty-two years of age and had good hearing and good eyesight. He went to West Bellevue station on the defendant’s road at noon with the intention of crossing the trapks at what may be regarded as a public crossing for pedestrians. It was raining, but there was nothing in the condition of the weather that materially limited his range of vision. At this place there were four tracks. He stood on…
2Cases cited2 opinions
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Walsh v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
3Cited by1 opinion
- Nelson v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Superior Court of Pennsylvania · 1914