Cawley v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 159, April T., 1910, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 689, on verdict for plaintiff in case of Mary A. Cawley v. Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Carnahan, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $550. Defendant appealed.
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Appeal, No. 159, April T., 1910, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 689, on verdict for plaintiff in case of Mary A. Cawley v. Baltimore & Ohio Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Carnahan, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $550. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
In that section of the city of Pittsburg in the immediate vicinity of Hazelwood station, the right of way and tracks of the appellant company are at grade with the surrounding streets. The map offered in evidence and attached to the paper-book shows that at Hazelwood avenue the tracks run almost north and south. Of course, the general direction of the line is from east to west, and this leads to some apparent confusion in the testimony of the witnesses. The plaintiff with her husband lived on Gloucester street which runs parallel with the railroad and right alongside of and…
2Cases cited6 opinions
- Welsh v. Erie & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1897
- Pennsylvania Railroad v. WeberSupreme Court of Pennsylvania · 1875
- Penn. R. v. MooneySupreme Court of Pennsylvania · 1889
- McGovern v. Union Traction Co.Supreme Court of Pennsylvania · 1899
- Grant v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gausman v. R. T. Pearson Co.Supreme Court of Pennsylvania · 1925
- Erbe v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Zenzil v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
- Horen v. DavisSupreme Court of Pennsylvania · 1922
- Cain v. Booth & Flinn, Ltd.Supreme Court of Pennsylvania · 1928
6 more not listed; retrieve them via the Exa API.