Philad. & R. R. v. Huber
Pennsylvania Court of Common Pleas, Schuylkill County
No. 80 January Term 1888, Sup. Ct.; court below, No. 290 May Term 1884, C. P. On April 12, 1884, Sarali Huber, in her own right, and Maria Edna Huber, a minor, by her mother and next friend, said Sarah Huber, brought case against the Philadelphia & Reading Railroad Company, to recover damages for injuries resulting in the death of Frederick.
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No. 80 January Term 1888, Sup. Ct.; court below, No. 290 May Term 1884, C. P. On April 12, 1884, Sarali Huber, in her own right, and Maria Edna Huber, a minor, by her mother and next friend, said Sarah Huber, brought case against the Philadelphia & Reading Railroad Company, to recover damages for injuries resulting in the death of Frederick. A. Huber, the husband of said Sarah Huber and the father of said Maria E. Huber, the said injuries being charged to the negligence of the defendant company. At the trial on March 28,1887, the following facts were made to appear: Frederick A. Huber had…
1Opinion of the Court
Opinion,
Mr. Justice Green:
If there had been proof on the trial that Huber was acquainted with the condition of the brake on the car upon which the accident occurred, by having been on it and used the brake at times prior to the accident, it would not have been possible to sustain the verdict. All of the witnesses, and almost the whole of them were witnesses for the plaintiff, who testified in regard to the brake, said it was manifestly defective, and several of them said it was unsafe and dangerous to use it. They also said the defect could be seen at once upon looking at it from above, or…
2Cited by11 opinions
- Flucker v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1919
- Sullivan v. Baltimore & Ohio R. R.Supreme Court of Pennsylvania · 1922
- King v. Darlington Brick & Mining Co.Supreme Court of Pennsylvania · 1925
- Dooner v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1894
- Madden v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1912
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