Pennsylvania Railroad v. Lewis
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1875, No. 55. This was an action on the case, brought September 10th 1870, by Daniel Lewis and Margaret his wife against The Pennsylvania Railroad Company, for causing the death of their son, Edward Lewis, a child eight years and six months old, through the negligence of defendants’ servants.
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1875, No. 55. This was an action on the case, brought September 10th 1870, by Daniel Lewis and Margaret his wife against The Pennsylvania Railroad Company, for causing the death of their son, Edward Lewis, a child eight years and six months old, through the negligence of defendants’ servants. The parents lived near Lochiel Iron-Works in the city of Harrisburg, a short distance from defendants’ railroad track; on the 22d of November 1869, the child was sent by his mother on an errand to an aunt on the other side of the track;…
1Opinion of the CourtChief Justice Agnew
This case was submitted to the jury correctly and fairly. In the first place the judge withdrew from the jury all the evidence that the public were accustomed to use the track at or in the neighborhood of the place of the accident, as a passage-way by sufferance of the railroad company; saying also that the company “is just as much entitled to the free and uninterrupted enjoyment of its track at this particular place as at any other along the entire line of the road.” He also informed the jury, “that if this boy was walking on the track of this road, taking it as a short cut to his aunt’s, he…
2Cited by8 opinions
- Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
- Enright v. Pittsburg Junction RailroadSupreme Court of Pennsylvania · 1901
- Lederman v. Penna. RailroadSupreme Court of Pennsylvania · 1895
- Sullenberger v. Chester Traction Co.Superior Court of Pennsylvania · 1907
- Kaseman v. Borough of SunburySupreme Court of Pennsylvania · 1900
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