Philpott v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 161, Jan. T., 1896, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1893, No. 380, on verdict for plaintiff. Trespass for personal injuries. Before Sulzberger, J. At the trial it appeared that on December 2, 1893, plaintiff’s husband, Sidney John Philpott, was killed at the crossing of Oottman street, or Township Line road, and the defendant’s railroad, near Tacony.
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Appeal, No. 161, Jan. T., 1896, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1893, No. 380, on verdict for plaintiff. Trespass for personal injuries. Before Sulzberger, J. At the trial it appeared that on December 2, 1893, plaintiff’s husband, Sidney John Philpott, was killed at the crossing of Oottman street, or Township Line road, and the defendant’s railroad, near Tacony. At the place of the accident there were four tracks, the two innermost being used for freight, and the outside ones for passenger trains. The deceased and a man named Kerr approached the crossing…
1Opinion of the Court
Per Curiam,
We find nothing in this record to justify a reversal of the judgment. The case appears to have been tried with marked ability and fairness. Plaintiff’s right to recover depended on questions of fact which were clearly for the consideration of the jury; and they were accordingly submitted to them by the learned trial judge with full, clear and- accurate instructions. *575Beyond that he had no right to go. If he had complied with defendant’s fourth request for instructions, and charged that, “ under all the evidence in the case the verdict must be for the defendant,” it would have been…
2Cases cited1 opinion
- Pennsylvania Railroad v. WernerSupreme Court of Pennsylvania · 1879
3Cited by20 opinions
- Tagnani v. LewSupreme Court of Pennsylvania · 1981
- Haddigan v. HarkinsCourt of Appeals for the Third Circuit · 1970
- Johns v. Baltimore & Ohio Railroad CompanyDistrict Court, W.D. Pennsylvania · 1956
- Shapiro v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1941
- Ayers v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1902
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