Seltzer v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 100, Oct. T., 1917, by defendant, from judgment of C. P. Schuylkill Co., May T., 1913, No. 373, on verdict for plaintiff in case of Mary Seltzer v. Philadelphia & Reading Railway Company. Trespass to recover damages for the death of plaintiff’s husband.
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Appeal, No. 100, Oct. T., 1917, by defendant, from judgment of C. P. Schuylkill Co., May T., 1913, No. 373, on verdict for plaintiff in case of Mary Seltzer v. Philadelphia & Reading Railway Company. Trespass to recover damages for the death of plaintiff’s husband. Before Brumm, J. The facts are stated by the Superior Court as follows: [The Port Carbon Railroad Company, a subsidiary of the Philadelphia & Reading Railroad Company, running from Pottsville to Tamaqua, has two branches, one known as the Mill Creek Railroad Company and the other as the Schuylkill Valley Railroad Company. These…
1Opinion of the Court
Opinion by
Kephart, J.,
After a careful review of the evidence, we are fully satisfied there was not sufficient evidence to warrant a submission of this case to the jury.
*314The court below submitted the question of defendant’s liability to the jury but failed to take into consideration several essential elements of the case established by well-grounded principles of law. We may concede that Daniel Seltzer was a passenger as the two cars stood on the tracks.
The plaintiff contends that the company was negligent in running an engine on the south track between Mill Creek station and the transfer…
2Cases cited16 opinions
- Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1858
- Sullivan v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1858
- Betts v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1899
- Flanagan v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1897
- Besecker v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1908
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3Cited by4 opinions
- Prokop Et Ux. v. BeckerSupreme Court of Pennsylvania · 1942
- Porreca v. Atlantic Refining Co.Supreme Court of Pennsylvania · 1961
- Chitwood v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920
- Tiers v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927