Pennsylvania Railroad v. White
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1878, No. 138. Case by Phoebe White and her children, the widow and children of John W. White, against the Pennsylvania Railroad Company, to recover damages for the death of said John W. White, which it was alleged was caused by the negligence of the defendant.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1878, No. 138. Case by Phoebe White and her children, the widow and children of John W. White, against the Pennsylvania Railroad Company, to recover damages for the death of said John W. White, which it was alleged was caused by the negligence of the defendant. At the trial, it appeared that the deceased and a companion took passage on a local train of defendant, at Trenton, on the 17th of April 1876, to go to Penn Yalley, for the purpose of hunting. After leaving the first station east of their destination,…
1Opinion of the CourtJustice Sterrett
The facts and circumstances of this case, as disclosed by the testimony, would not have justified the court below in deciding, as matter of law, either that the deceased was chargeable with contributory negligence, or that there was not sufficient evidence of negligence, on the part of the employees of the company defendant, ■to go to the jury. These were controverted questions of fact which *333it was the province of the jury to determine, and it would have been error to have withdrawn them from their consideration.
Negligence has been defined to be “ the absence of care according to the…
2Cited by22 opinions
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- Windle v. DavisSupreme Court of Pennsylvania · 1922
- Cohen v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1905
- Bockelcamp v. Lackawanna & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1911
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