Nadazny v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 50, Jan. T., 1919, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1916, No. 2813, refusing to take off compulsory nonsuit in the case of Annie Nadazny v. Phila. & Reading Railway Company. Action of trespass for death of plaintiff’s husband. Before Wessel, J. The court entered a nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This action of trespass is for the death of plaintiff’s husband, caused, it is averred, by defendant’s negligence. Defendant has a system of tracks at Manayunk by which it serves certain mills and factories there located, and among others a plant of the American Bridge Company. Such service is performed by what is called a “shifting train” which places and removes cars, loaded or empty, as required. Under and between certain of the tracks the bridge company has a coal bin which is supplied with coal from the cars placed on the tracks for that purpose. On the…
2Cases cited9 opinions
- Boggess v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1912
- Schmidt v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914
- Cunningham v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1915
- Harper v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Diehl v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gentile v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1922
- Cubitt v. New York Central RailroadSupreme Court of Pennsylvania · 1924
- Neal v. Buffalo, Rochester & Pittsburgh Ry. Co.Supreme Court of Pennsylvania · 1927
- Iordio v. Director General of RailroadsSupreme Court of Pennsylvania · 1921
- Davenport v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1950