Steinbrunner v. Pittsb. etc. Ry. Co.
Pennsylvania Court of Common Pleas, Alleghany County
No. 206 October Term 1891, Sup. Ct.; court below, No. 535 September Term 1888, C. P. No. 1. On August 2, 1888, Barbara Steinbrunner brought trespass against the Pittsburgh and Western Railway Company, to recover damages for the death of Xavier Steinbrunner, plaintiff’s husband, alleged to have been caused by the negligence of defendant’s servants. Issue.
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No. 206 October Term 1891, Sup. Ct.; court below, No. 535 September Term 1888, C. P. No. 1. On August 2, 1888, Barbara Steinbrunner brought trespass against the Pittsburgh and Western Railway Company, to recover damages for the death of Xavier Steinbrunner, plaintiff’s husband, alleged to have been caused by the negligence of defendant’s servants. Issue. At the third trial on April 21,1891, the following facts were shown: River Avenue in Allegheny City, adjoins and runs along the Allegheny river wharf. The defendant’s railroad runs along the river, between the carriage-way of River Avenue and…
1Opinion of the Court
Opinion,
Me. Chief Justice,Paxson:
Upon the trial in the court below, it became a vital question of fact whether the deceased, Xavier Steinbrunner, stopped, looked, and listened just before he crossed the railroad track. One witness for the plaintiff, Miss Margaret Martin, testified distinctly that he did stop on the sidewalk crossing of Cherry street. There was positive evidence, however, the other way. Charles Rentz, a witness for the defence, testified that the deceased did not stop: “ He didn’t look either way; never looked either way; just came straight through.” William Cernuska testified…
2Cases cited1 opinion
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