Fleming v. Pittsburgh, Cincinnati, Chicago & St. Louis Ry.
Supreme Court of Pennsylvania
Appeal, No. 4, Oct. T., 1893, by defendant, from judgment of C. P. Washington Co., Aug. T., 1891, No. 261, on verdict for plaintiff, Rosa Fleming. Trespass for death of plaintiff’s daughter. Before Stowe, P. J., of the 5th judicial district, specially presiding. At the trial, there was evidence that, on February 16,1891, plaintiff’s daughter, Clara, aged fifteen years, was killed while traveling as a passenger on defendant’s railroad.
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Appeal, No. 4, Oct. T., 1893, by defendant, from judgment of C. P. Washington Co., Aug. T., 1891, No. 261, on verdict for plaintiff, Rosa Fleming. Trespass for death of plaintiff’s daughter. Before Stowe, P. J., of the 5th judicial district, specially presiding. At the trial, there was evidence that, on February 16,1891, plaintiff’s daughter, Clara, aged fifteen years, was killed while traveling as a passenger on defendant’s railroad. On the day in question, there was an obstruction on the east-bound track near Point Bridge in the city of Pittsburgh, consisting of rocks and dirt which had…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The first two assignments of error are based upon the refusal of the learned trial judge to charge as follows:
“ First. The burden of proof is on the plaintiff to show that the death of her daughter was caused by the defendant, and under the circumstances of the present case the burden resting on the plaintiff is not satisfied by the mere presumption of negligence which sometimes arises against the carrying company when a passenger is killed or injured.”
“ Second. Under the circumstances of the present case the burden of proof is not shifted from the plaintiff by…
2Cases cited4 opinions
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Spear v. P. W. & B. R.Supreme Court of Pennsylvania · 1888
- Sullivan v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1858
3Cited by8 opinions
- Fern v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1915
- Pedretti v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1965
- Palmer v. Warren Street Railway Co.Supreme Court of Pennsylvania · 1903
- Thomas v. Monongahela Valley Traction Co.West Virginia Supreme Court · 1922
- Barlick v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1909
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