Legal Opinion

Klutt v. Philadelphia & R. Ry. Co.

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided December 23, 1904No. 25Published

At Law. On motion for new trial.

1Opinion of the Court

J. B. McPHERSON, District Judge.

A reconsideration of the testimony offered by the plaintiff bn the trial has-only strengthened the opinion that led me to direct a verdict for the defendant on the ground that the contributory negligence of plaintiff’s husband was plainly apparent. He was rowing a small boat in broad daylight across the Delaware river from Petty’s Island to the Pennsylvania shore, a distance of about half a mile, and lost his' life in an effort to cross the bows of two loaded car floats, one lashed upon either side of a tug that was taking them up the river against the tide to…

2Cases cited3 opinions

  1. Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
  2. Hess v. Williamsport & North Branch RailroadSupreme Court of Pennsylvania · 1897
  3. Carroll v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1882

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