Schum v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county. Of January Term, 1884, No. 298. Case, by John E. Schum et ab, children of Philip Schum, deceased, against the Pennsylvania Railroad Company, to recover damages for the death of their father, alleged to have been caused by the negligence of the company’s servants.
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Error to the Court of Common Pleas of Lancaster county. Of January Term, 1884, No. 298. Case, by John E. Schum et ab, children of Philip Schum, deceased, against the Pennsylvania Railroad Company, to recover damages for the death of their father, alleged to have been caused by the negligence of the company’s servants. On the trial, before LiviNG-ston, J., the evidence on behalf of the plaintiffs was to the following effect: On July 9, 1880, Philip Schum and his wife were driving southward in a one-liorse phaeton on the road leading from the Lancaster and Middleton turnpike to Marietta, and…
1Opinion of the CourtJustice Clark
Oil the 9th day of July, 1880, Philip Sebum, accompanied by his wife, in a one-horse phaeton, was driving southward on the road leading from the Lancaster and Middletown turnpike to Marietta, and about the hour of noon, whilst crossing the track of the Pennsylvania Railroad at Peiffers, near Salunga station, in Lancaster county, both were struck by the engine of the Niagara express train, moving westward, and were killed. This suit is brought by the children of Philip Schum to recover damages for his death.
The carriage road crosses the railroad from the north at an acute angle, and, in the…
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