Wilson v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 283, Jan. T., 1896, by defendants, from judgment of C. P. Clearfield Co., Sept. T., 1894, No. 641, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Barker, P. J., of the forty-seventh district specially presiding. At the trial it appeared that plaintiff’s husband, John Wilson, was killed on one of defendant’s freight trains, July 24, 1894, near Welshdale.
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Appeal, No. 283, Jan. T., 1896, by defendants, from judgment of C. P. Clearfield Co., Sept. T., 1894, No. 641, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before Barker, P. J., of the forty-seventh district specially presiding. At the trial it appeared that plaintiff’s husband, John Wilson, was killed on one of defendant’s freight trains, July 24, 1894, near Welshdale. The court reserved the following question: Whether the alleged fact that the deceased was sitting on the wheel of the brake on the rear of the car next the caboose (thus rendering him guilty of…
1Opinion of the Court
Opinion by
Mb,. Chief Justice Sterrett,
One of the questions presented by the testimony in this case was, whether the injuries resulting in the death of plaintiff’s husband were caused by the negligence of the defendant companies ; the other was whether any negligence of the deceased contributed to the fatal result. An examination of the evidence has convinced us that both were controlling questions of fact which, under the well settled rules of law, the learned trial judge was bound to submit to the jury for their determination. That was accordingly done in a clear, substantially correct and…
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