Daubert v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 10, Jan. T., 1901, by defendant, from judgment of C. P. Luzerne Co., Feb. T., 1894, No. 79, on verdict for plaintiff in case of Lewis Daubert v. Delaware, Lackawanna & Western Railroad Company. Trespass for death of plaintiff’s son. Before Halsey, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 10, Jan. T., 1901, by defendant, from judgment of C. P. Luzerne Co., Feb. T., 1894, No. 79, on verdict for plaintiff in case of Lewis Daubert v. Delaware, Lackawanna & Western Railroad Company. Trespass for death of plaintiff’s son. Before Halsey, J. The facts are stated in the opinion of the Supreme Court. Plaintiff’s counsel offered in evidence rules and regulations of the defendant company in force at that time in regard to the running of trains, and called particular attention to the following rules: “ Rule 35. No train or engine will run into or past a station at which a…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
In 1893, Lewis Dauberfc, the appellee, resided with his family in the village of Beach Haven, Luzerne county. The defendant company’s road passes north and south through the village with a station several feet from a public highway crossing the railroad east and west. The station platform extends to the highway. The main track of the railroad runs immediately in front of the platform of the station, and on the east side of and about thirteen feet from the track is a long switch used for passing trains, connecting with the track about 2,000 feet north of the…
2Cases cited2 opinions
- Quigley v. Del. & H. Canal Co., Pennsylvania Court of Common Pleas, Luzerne County1891
- Smeltz v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1898
3Cited by9 opinions
- Kuntz v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1903
- Schwarz v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1907
- Sullenberger v. Chester Traction Co.Superior Court of Pennsylvania · 1907
- Firestine v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1914
- Miller v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1914
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