Pennsylvania Railroad v. Beale
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Juniata county: No. 22, to May Term 1873. This was an action on the case brought to December Term 1871, by Elizabeth Beale, widow and others, children of Thomas Beale, deceased. It was to recover damages for the death of Thomas Beale, occasioned as the plaintiffs alleged, by the negligence of the defendants. The cause was tried September 3d 1872, before Bucher, P. J., of the Twentieth District.
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Error to the Court of Common Pleas of Juniata county: No. 22, to May Term 1873. This was an action on the case brought to December Term 1871, by Elizabeth Beale, widow and others, children of Thomas Beale, deceased. It was to recover damages for the death of Thomas Beale, occasioned as the plaintiffs alleged, by the negligence of the defendants. The cause was tried September 3d 1872, before Bucher, P. J., of the Twentieth District. On the 2d of September 1871, the deceased was driving with his son in a “spring wagon,” near the borough of Patterson, in Juniata county; the road on which he was…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1873, by
Sharswood, J.
The evidence of the plaintiffs below showed a clear case of contributory negligence in the deceased. The crossing at which he met with the injury which resulted in his death, was a dangerous one, and as he was well acquainted with it, there was the greater reason that he should exercise the utmost care and caution, by stopping at the railroad before undertaking to pass over. It is very clear that if he had done so but for a few minutes the accident would not have happened. “This evidence,” said the learned judge in his…
2Cited by38 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Chicago, Rock Island & Pacific Railway Co. v. CrismanSupreme Court of Colorado · 1893
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
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