Cromley v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 353, Jan. T., 1904, by defendant, from judgment of C. P. Montour Co., Sept. T., 1902, No. 58, on verdict for plaintiff in case of Sarah C. Cromley v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before White, P. J., specially presiding. The facts appear by the opinion of the Supreme Court and by the previous report of the case in 208 Pa. 445. Verdict and judgment for plaintiff for $7,428. Defendant appealed.
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Appeal, No. 353, Jan. T., 1904, by defendant, from judgment of C. P. Montour Co., Sept. T., 1902, No. 58, on verdict for plaintiff in case of Sarah C. Cromley v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before White, P. J., specially presiding. The facts appear by the opinion of the Supreme Court and by the previous report of the case in 208 Pa. 445. Verdict and judgment for plaintiff for $7,428. Defendant appealed. Error assigned among others was in submitting the case to the jury.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
At a former trial of this case it was shown by testimony in behalf of the plaintiff that her husband and son were killed at a diagonal crossing of the defendant’s road by an express train which was running about sixty miles an hour. They were riding in a sled drawn by two horses, and approached the tracks at an acute angle. The horses were stopped a moment at a place nearest the tracks from which a view of them could be had, but this view extended only 500 feet in the direction of the train. They went on at a walk twenty/ or thirty feet and the sled was struck on…
2Cases cited4 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Lonzer v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1900
- Holland v. KindreganSupreme Court of Pennsylvania · 1893
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
3Cited by16 opinions
- Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
- KRUPA BY KRUPA v. WilliamsSupreme Court of Pennsylvania · 1983
- Colonial Trust Co. v. GetzSuperior Court of Pennsylvania · 1905
- Wingert v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
- Folino v. YoungSupreme Court of Pennsylvania · 1987
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