Legal Opinion

Anspach v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania

Decided October 11, 1909No. Appeal, No. 319PublishedCited by 36 opinions

Appeal, No. 319, Jan. T., 1908, by defendant, from judgment of C. P. Schuylkill Co., March T., 1904, No. 233, on verdict for plaintiff in case of Julia Anspach v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Marr, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant.

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Appeal, No. 319, Jan. T., 1908, by defendant, from judgment of C. P. Schuylkill Co., March T., 1904, No. 233, on verdict for plaintiff in case of Julia Anspach v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Marr, J. The circumstances of the accident are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $7,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

In this action, Julia Anspach seeks to recover damages for the death of her husband, alleged to have been caused by the negligence of the defendant.

The plaintiff’s husband, John Anspach, resided at New Philadelphia, Schuylkill county. He was a miner by occupation and was also constable of the borough. On the morning of November 19, 1903, at an early hour, he left his home to *530join two neighbors, for the purpose of going on a hunting trip to the eastern part of the county. They rode in a buggy, Anspach and one of his companions upon the seat, and the other, who was…

2Cases cited4 opinions

  1. Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
  2. Keiser v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1905
  3. Knox v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
  4. Hauser v. Central R. R.Supreme Court of Pennsylvania · 1892

3Cited by36 opinions

  1. Serfas v. Lehigh & New England RailroadSupreme Court of Pennsylvania · 1921
  2. Grimes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
  3. Cubitt v. New York Central RailroadSupreme Court of Pennsylvania · 1924
  4. Zotter v. Lehigh Talley R. R.Supreme Court of Pennsylvania · 1924
  5. Smith v. Philadelphia Transp. Co.Court of Appeals for the Third Circuit · 1949

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