Welsh v. Erie & Wyoming Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 21, Jan. T., 1897, by defendant, from judgment of C. P. Wayne Co., Deo. T., 1895, No. 252, on verdict for plaintiff. Trespass for death of plaintiff’s son. Before Purdy, P. J. The facts appear by the opinion of the Supreme Court. Defendant's point and answer thereto among others were as follows: 14. Under all -the evidence in this case the verdict must be for the defendant. Answer : This point is refused. It asks us to take the case from the jury and decide it.
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Appeal, No. 21, Jan. T., 1897, by defendant, from judgment of C. P. Wayne Co., Deo. T., 1895, No. 252, on verdict for plaintiff. Trespass for death of plaintiff’s son. Before Purdy, P. J. The facts appear by the opinion of the Supreme Court. Defendant's point and answer thereto among others were as follows: 14. Under all -the evidence in this case the verdict must be for the defendant. Answer : This point is refused. It asks us to take the case from the jury and decide it. We think these are questions for the jury, and not for the court to determine. [1] Verdict and judgment for plaintiff for…
1Opinion of the Court
Opinion by
Mb..-Justice Dean,
A highway or street in the borongli of Hawley, Wayne county, crosses the railroad track of defendant company at grade. The defendant maintained gates at the crossing, and a man to operate them during the day, but not at night; it also maintained three lamps at the crossing which were kept lighted during the night. Between 9 and 10 o’clock at night, on November 23, 1895, Thomas Cunion, a fireman on an engine which stood on a siding near the crossing, found Patrick Welsh, son of plaintiff, lying a few feet from the crossing between the tracks of the railroad; he was…
2Cases cited2 opinions
- Philadelphia City Passenger Railway Co. v. HenriceSupreme Court of Pennsylvania · 1880
- Philadelphia & Reading R. R. v. SchertleSupreme Court of Pennsylvania · 1881
3Cited by19 opinions
- Flanigan v. McLeanSupreme Court of Pennsylvania · 1920
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
- Glancy v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1914
- Walters v. Federal Life InsuranceSupreme Court of Pennsylvania · 1936
- Cawley v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1910
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