Faust v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 95, Jan. T., 1899, by defendant, from judgment of C. P. Berks Co., Dec. T., 1897, No. 21, on verdict for plaintiff. Trespass to recover damages for the death of plaintiff’s children. The facts appear by the opinion of the Supreme Court, and the opinion of the lower court.
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Appeal, No. 95, Jan. T., 1899, by defendant, from judgment of C. P. Berks Co., Dec. T., 1897, No. 21, on verdict for plaintiff. Trespass to recover damages for the death of plaintiff’s children. The facts appear by the opinion of the Supreme Court, and the opinion of the lower court. Defendant’s points and the answers thereto were as follows: 1. It is the duty of a railroad company to give notice of the approach of its trains to a crossing, so that a traveler on the highway who performs his duly of stopping and listening, can hear the coming of a train in time to avoid danger (and it is…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This action of trespass was brought by the plaintiff to recover damages for the loss he sustained by the untimely death of his two sons—five and seven years of age, respectively—who were killed in September, 1897, by a collision at the “ Frush Valley Crossing,” a minor station on East Penn Branch of defendant’s railroad. At the time of the accident, the children were in a covered wagon accompanied by Hiester, who, as plaintiff’s employee, and with his team, was then engaged in delivering flour and feed to customers of his employer’s mill, etc. He had just…
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