Dalyanakis v. Aliquippa & Southern R. R.
Superior Court of Pennsylvania
Appeal, No. 39, April T., 1919, by defendant, from judgment of C. P. Beaver Co., March T., 1916, No. 468, on verdict for plaintiff in case of Nikola Dalyanakis v. The Aliquippa and Southern Railroad Company. Trespass to recover damages for death of plaintiff’s minor son. Before Baldwin, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $650. Defendant appealed.
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Appeal, No. 39, April T., 1919, by defendant, from judgment of C. P. Beaver Co., March T., 1916, No. 468, on verdict for plaintiff in case of Nikola Dalyanakis v. The Aliquippa and Southern Railroad Company. Trespass to recover damages for death of plaintiff’s minor son. Before Baldwin, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $650. Defendant appealed. Error assigned, among others, was the refusal of defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s son was killed while passing between two segments of a freight train on one of the defendant’s tracks while on his way to his work at Jones & Laughlin Steel Works. He and some of his fellow workmen were on their way to the plant at about six o’clock on the morning of December 3d. They went along a way used by employees of the steel company until they came to the track, *278and finding a train standing thereon they turned to the left and went, as shown by evidence of the plaintiff, about twelve feet or more southwardly to a point where there was an opening…
2Cited by1 opinion
- Kish v. Pennsylvania Railroad Co.Supreme Court of Pennsylvania · 1932