Sloppy v. Pennsylvania Railroad Co.
Supreme Court of Pennsylvania
Appeal, No. 314, Jan. T., 1909, by plaintiff, from judgment of nonsuit of C. P. McKean Co., June T., 1908, No. 157, in case of Mrs. David Sloppy v. The Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Ormerod, P. J., specially presiding. The facts appear in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The accident out of which this action grows occurred *638on the repair track in the yard of defendant company. The plaintiff’s husband was there engaged with an assistant in repairing a crippled car. At the end of this car nearest the switch opening from the main track, was displayed a blue flag, the signal required by the rules of the company to warn against the approach of other cars. Extending back from the cars to the track was a sharp curve for a distance of 200 feet. A yard engine pushing-six cars, one of which, — the one farthest from the engine, — was to be…
2Cases cited3 opinions
- Lehigh Valley Coal Co. v. JonesSupreme Court of Pennsylvania · 1878
- Martin v. WilliamsportSupreme Court of Pennsylvania · 1904
- Peterson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900