Hanna v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 181, Jan. T., 1904, by plaintiff, from order of C. P. No. 5, Phila. Co., Dec. T., 1902, No. 4066, refusing to take off nonsuit in case of Sarah Hanna v. Philadelphia and Reading Railway Company. Trespass to recover damages for death of plaintiff’s husband.
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Appeal, No. 181, Jan. T., 1904, by plaintiff, from order of C. P. No. 5, Phila. Co., Dec. T., 1902, No. 4066, refusing to take off nonsuit in case of Sarah Hanna v. Philadelphia and Reading Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Ralston, J. At the trial the court in awarding a nonsuit said: The deceased was driving on the river road, which runs in a generally northerly direction and parallel with the tracks of the defendant company. Upon reaching an ice house at the side of the road, a distance of 789 feet from the railroad crossing, lie was seen…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an action of trespass to recover damages for the death of the plaintiff’s husband, who was struck and killed by a train of the defendant company at a grade crossing.
At the place of the accident the railroad tracks run approximately north and south, a short distance west of, and parallel with, the Schuylkill river. Between the river and railroad is a public road, also running north and south, on which the deceased was driving. An ice house 739 feet, and a battery wall 363 feet, both south of the crossing, are located between the public road and railroad.…
2Cases cited5 opinions
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Schum v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Pennsylvania Railroad v. WeberSupreme Court of Pennsylvania · 1875
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- Weiss v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1875
3Cited by12 opinions
- Johnson v. HetrickSupreme Court of Pennsylvania · 1930
- Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
- Giles v. BennettSupreme Court of Pennsylvania · 1929
- Johns v. Baltimore & Ohio Railroad CompanyDistrict Court, W.D. Pennsylvania · 1956
- Musto v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1937
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