Gillespie v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 186, Oct. T., 1921, by defendant, from judgment of O. P. Allegheny Co., July T., 1918, No. 1915, on verdict for plaintiffs, in case of Thomas Gillespie et ux. v. Pennsylvania Co. Trespass for death of plaintiffs’ son. Before Ford, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiffs for $5,000. Defendant appealed. Error assigned, inter alia, was refusal of defendant’s motion for judgment n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiffs sued to recover damages for the death of their son, alleging, in their statement of claim, that the defendant “operated trains over tracks across Spruce Street” in the City of Pittsburgh, and while decedent was walking along that street “the servants of the defendant, in the performance of their duties, so negli*395gently operated an engine and cars on one of said tracks crossing said Spruce Street, that the cars struck [the boy] and dragged him and killed him.” No affidavit of defense was filed.
At the trial, after the introduction of testimony tending to…
2Cases cited3 opinions
- Flanigan v. McLeanSupreme Court of Pennsylvania · 1920
- Fleccia v. AtkinsSupreme Court of Pennsylvania · 1921
- McGlinchey v. SteigerwaldSuperior Court of Pennsylvania · 1920
3Cited by8 opinions
- Farbo v. CaskeySupreme Court of Pennsylvania · 1922
- Kirk v. Showell, Fryer & Co.Supreme Court of Pennsylvania · 1923
- Gurdus ex rel. Solnicki v. Philadelphia National BankSupreme Court of Pennsylvania · 1922
- Booker v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1923
- Bessemer & Lake Erie Railroad v. Ford Collieries Co.Supreme Court of Pennsylvania · 1922
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