Roberts v. President of the Delaware & Hudson Canal Co.
Supreme Court of Pennsylvania
Appeal, No. 50, Jan. T., 1896, by defendants, from judgment of C. P. Lackawanna Co., Jan. T., 1893, No. 82, on verdict for plaintiff. Trespass for death, of husband. Before Edwards, J. At the trial it appeared that on October 18, 1892, Hngh Roberts, plaintiff’s husband, while driving a wagon and two horse team over the Carbon street crossing of defendants’ railroad in Scranton, was killed by a passenger train coming from the south.
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Appeal, No. 50, Jan. T., 1896, by defendants, from judgment of C. P. Lackawanna Co., Jan. T., 1893, No. 82, on verdict for plaintiff. Trespass for death, of husband. Before Edwards, J. At the trial it appeared that on October 18, 1892, Hngh Roberts, plaintiff’s husband, while driving a wagon and two horse team over the Carbon street crossing of defendants’ railroad in Scranton, was killed by a passenger train coming from the south. A colored man named Johnson who was driving a wagon near the deceased at the time of the accident testified that the deceased stopped about thirty feet from the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In any view that can be reasonably taken of the testimony that was properly before the jury, this was clearly a case for them on questions of fact involving the defendant company’s negligence, and also the alleged contributory negligence of plaintiff’s husband, since deceased. The testimony, covering over three hundred and fifty pages in all, is too voluminous to admit of anything more than a general reference to its character and effect.' A careful examination of it, as a whole, has convinced us that any attempt to do more would subserve no useful…
2Cited by9 opinions
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- Messinger v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
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