Blotz v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 290, Jan. T., 1904, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1899, No. 304, on verdict for defendant in case of Mary Blotz v. Le-high Valley Railroad Company. Trespass to recover damages for death of plaintiff’s son. Before Febeis, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The plaintiff’s son while riding in a buggy was killed by a passenger train at a grade crossing of the defendant’s road. At the usual stopping place, ninety-five feet from the crossing, there was a view of the track east in the direction of the train for 1,550 feet, but this view, because of intervening trees and buildings, did not include 500 feet of the track nearest the crossing. After leaving this stopping place no part of the track could be seen by a person riding on the public road until a point fifteen or twenty feet from the track was reached, where there…
2Cases cited1 opinion
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
3Cited by4 opinions
- McKahan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
- Darbrinsky v. Pennsylvania Co.Supreme Court of Pennsylvania · 1915
- McClure v. Lake Shore & Michigan Southern Railway Co.Superior Court of Pennsylvania · 1909
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913