Benner v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 208, Jan. T., 1917, by defendant, from judgment of C. P. No. 4, PMladelpMa Co., June T., 1915, No. 4723, on verdict for plaintiff in case of Lettie May Benner v. Philadelphia & Reading Ry. Co. Trespass to recover damages for death to plaintiff’s husband. Before Carr, J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $13,500 and judgment thereon. Defendant appealed.
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Appeal, No. 208, Jan. T., 1917, by defendant, from judgment of C. P. No. 4, PMladelpMa Co., June T., 1915, No. 4723, on verdict for plaintiff in case of Lettie May Benner v. Philadelphia & Reading Ry. Co. Trespass to recover damages for death to plaintiff’s husband. Before Carr, J. The facts appear in the opinion of the Supreme Court. Verdict for plaintiff for $13,500 and judgment thereon. Defendant appealed. Errors assigned were answers to points and in dismissing defendant’s motion for judgment non obstante veredicto. .
1Opinion of the Court
Opinion by
Mr. Justice Fox,
This suit was brought by the plaintiff to recover damages for the death of her husband, who was killed at a grade crossing of the defendant company at Linfield, Montgomery County, Pennsylvania, on the first day of May, 1915. At the time of the accident Howard S. Benner, the husband of the appellee, was driving across the tracks of the railroad company in a one-horse buggy about half-past five in the afternoon.
The public road over this crossing is forty-eight feet wide, and is an old, well-defined road. Just before the public road crosses the railroad tracks, at the…
2Cases cited7 opinions
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Aiken v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Siever v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1916
- Mankewicz v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1906
- Earle v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1915
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3Cited by17 opinions
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- McKinney v. YelavichMichigan Supreme Court · 1958
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Serfas v. Lehigh & New England RailroadSupreme Court of Pennsylvania · 1921
- Thomas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923
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