Coll v. Easton Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 94, Jan. T., 1897, by plaintiff, from judgment of C. P. Northampton Co., Feb. T., 1894, No. 15, refusing to take off nonsuit. Trespass for death of plaintiff’s husband. Before Schuyler, P. J. At the trial it appeared that plaintiff’s husband, William Coll, was run over and killed by one of defendant’s cars on the night of March 12, 1893. The circumstances of the accident are stated in the opinion of the Supreme Court.
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Appeal, No. 94, Jan. T., 1897, by plaintiff, from judgment of C. P. Northampton Co., Feb. T., 1894, No. 15, refusing to take off nonsuit. Trespass for death of plaintiff’s husband. Before Schuyler, P. J. At the trial it appeared that plaintiff’s husband, William Coll, was run over and killed by one of defendant’s cars on the night of March 12, 1893. The circumstances of the accident are stated in the opinion of the Supreme Court. At the trial Henry Laubach, a witness for plaintiff, under objection and exception, testified as follows: “Q. Now, Mr. Laubaeh, state what was said by either of the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
It appeared from the testimony presented by the plaintiff that •at the time of the accident the defendant’s car was running •after dark on a declining grade on a road which passed along the top of an embankment. Between the tracks of the railway and the edge of the embankment was a footpath covered with cinders and varying in width from four to six feet. At the outer edge of the path was a guard rail supported by posts. The roadbed was in an unfinished condition. The earth which had been thrown out in making an excavation for the track had not been replaced, the…
2Cited by25 opinions
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- Eby v. Travelers InsuranceSupreme Court of Pennsylvania · 1917
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