Legal Opinion

Pennsylvania Railroad v. Zebe

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 42 opinions

Error to the District Court of Westmoreland county. This was an action on the case by Nicholas Zebe and Elizabeth his wife, against The Pennsylvania Railroad Company, to recover compensation for the death of their son Peter Zebe, who was killed on the defendant’s railroad.

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Error to the District Court of Westmoreland county. This was an action on the case by Nicholas Zebe and Elizabeth his wife, against The Pennsylvania Railroad Company, to recover compensation for the death of their son Peter Zebe, who was killed on the defendant’s railroad. In September 1856, Nicholas Zebe and his son Peter, aged twelve years, took passage in the cars of the Pennsylvania Railroad Company, from Irwin’s Station, in Westmoreland county, to Brinton’s Station, in Allegheny county. On arriving at the latter point, the plaintiff and his son, instead of alighting on the platform…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

This was an action, brought by defendants in error and plaintiffs below, against the railroad company, for negligently causing the death of their son, whom, with his father, they had conveyed in their cars from Irwin’s Station, in Westmoreland county, to Brinton’s Station, in Allegheny county, where he was killed on the track of the company’s road by being run oyer by the train going east. The gravamen of the charge in the plaintiff’s narr. is, that “ the company did not use due care, diligence, and skill in allowing the said Peter Zebe…

2Cases cited1 opinion

  1. Noble v. M'ClintockSupreme Court of Pennsylvania · 1843

3Cited by42 opinions

  1. Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
  2. James Magill, Administrator of the Estate of Frank W. Magill, Jr., Deceased v. Westinghouse Electric Corporation v. Murphy, IncCourt of Appeals for the Third Circuit · 1972
  3. Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
  4. Pilipovich v. Pittsburgh Coal Co.Supreme Court of Pennsylvania · 1934
  5. Maher v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897

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