Burns v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 167, Oct. T., 1905, by defendant, from judgment of C. P. Cambria Co., June T., 1904, No. 248, on verdict for plaintiff in case of Catherine Burns v. Pennsylvania Railroad Company. Trespass to. recover damages for death of plaintiff’s husband. Before O’Conn on, P. J. The facts are stated in the opinion of the Supreme Court. At the trial plaintiff was asked this question : “ Q. Please state whether there were any gates or watchmen stationed at that crossing.
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Appeal, No. 167, Oct. T., 1905, by defendant, from judgment of C. P. Cambria Co., June T., 1904, No. 248, on verdict for plaintiff in case of Catherine Burns v. Pennsylvania Railroad Company. Trespass to. recover damages for death of plaintiff’s husband. Before O’Conn on, P. J. The facts are stated in the opinion of the Supreme Court. At the trial plaintiff was asked this question : “ Q. Please state whether there were any gates or watchmen stationed at that crossing. A. No, sir.” Objected to as being incompetent and immaterial and improper, because it is not required of the company that it…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This case was before us in 210 Pa. 90. It is unnecessary to repeat the facts here. Sufficient to say that it is an action brought by a wife to recover damages for the death of her husband, who was killed by a passing train while attempting to pass over the tracks of defendant company, at a public crossing in the suburbs of Johnstown, on the morning of January 9, 1903. .
In this second appeal we have thirty-one assignments of error. The number would not be nearly so great had proper effort been made to avoid unnecessary duplication; it would have been lessened…
2Cases cited2 opinions
- Lehigh Valley Railroad v. BrandtmaierSupreme Court of Pennsylvania · 1886
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
3Cited by2 opinions
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909