West Chester & Philadelphia Railroad v. McElwee
Supreme Court of Pennsylvania
Certificate from Nisi Prius: No. 51, to July Term 1869. This was an action on the case by James McElwee and Jane his wife against the West Chester and Philadelphia Railroad Company, for damages for the' death of their son, Mark McElwee, resulting from the negligence of the defendants. The writ issued May 6th 1869. ■ The main track of the defendants from West Chester crosses Walnut street and Chestnut street, in West Philadelphia.
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Certificate from Nisi Prius: No. 51, to July Term 1869. This was an action on the case by James McElwee and Jane his wife against the West Chester and Philadelphia Railroad Company, for damages for the' death of their son, Mark McElwee, resulting from the negligence of the defendants. The writ issued May 6th 1869. ■ The main track of the defendants from West Chester crosses Walnut street and Chestnut street, in West Philadelphia. A private track of Mr. Lyster connects with defendant’s road, and leading from it westwardly and northwardly, passes on the west side of the track, first a shanty or…
1Opinion of the Court
The opinion of the court was delivered,
by Williams, J.
There was no error in admitting the testimony of Charles Rourke, that the track had been moved since the date of the accident/ If it tended to show, as suggested, that the track was originally too near the office and shanty to permit the cars to be run on it without danger, then it was evidence of a fact proper for the consideration of the jury in determining whether due and reasonable care had been used by the company to avoid the accident. If the proximity of the track to the buildings did *315not increase the danger why was it moved ? And…
2Cited by9 opinions
- Baran v. Reading Iron Co.Supreme Court of Pennsylvania · 1902
- Lederman v. Penna. RailroadSupreme Court of Pennsylvania · 1895
- Amodei v. SaundersSupreme Court of Pennsylvania · 1953
- Jackson v. CurrySuperior Court of Pennsylvania · 1934
- Thorne v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1912
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