Robson v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 54, Jan. T., 1912, by plaintiff, from judgment of C. P. Northampton Co., Feb. T., 1911, No. 17, on verdict for defendant in case of Helena Bobson, by her next friend Edward Robson, v. Lehigh Talley Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Stewart, J. The circumstances are narrated in the opinion of the Supreme Court. At the trial the court gave binding instructions for defendant.
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Appeal, No. 54, Jan. T., 1912, by plaintiff, from judgment of C. P. Northampton Co., Feb. T., 1911, No. 17, on verdict for defendant in case of Helena Bobson, by her next friend Edward Robson, v. Lehigh Talley Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Stewart, J. The circumstances are narrated in the opinion of the Supreme Court. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This was an action of trespass brought to recover damages for the death of the plaintiff’s husband who was killed while employed as an extra brakeman shifting freight cars in the defendant’s yard at South Bethlehem, Pennsylvania. The learned judge of the court below directed a verdict for the defendant on the ground that by the undisputed testimony of the defendant’s witnesses the deceased knew or should have known of the danger and, therefore, assumed the risk which resulted in his death. We think the learned judge misapprehended the effect of the testimony…
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