O'Leary v. Pittsburgh & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 40, Oct. T., 1914, by plaintiffs, from judgment of C. P. Allegheny Co., Second Term, 1911, No. 412, refusing to take,off nonsuit, in case of Daniel O’Leary and Catherine O’Leary, his wife, v. the Pittsburgh & Lake Erie Railroad Company, a Corporation. Trespass to recover damages for the death of plaintiffs’ minor son. Before Reid, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 40, Oct. T., 1914, by plaintiffs, from judgment of C. P. Allegheny Co., Second Term, 1911, No. 412, refusing to take,off nonsuit, in case of Daniel O’Leary and Catherine O’Leary, his wife, v. the Pittsburgh & Lake Erie Railroad Company, a Corporation. Trespass to recover damages for the death of plaintiffs’ minor son. Before Reid, J. The opinion of the Supreme Court states the facts. The trial judge entered a nonsuit Avhich the court in banc subsequently refused to take off. Plaintiffs appealed. Errors assigned were rulings on evidence and the refusal of the court to take off the…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action brought by Daniel O’Leary and his wife against the defendant railroad company to recover damages for the death of their four year old son who whs killed January 6, 1911, while on one of the tracks of defendant company’s yard at McKees Rocks, Pennsylvania.
The defendant has a large railroad yard in the northern portion of the Borough of McKees Rocks, Allegheny County, which consists of from eighty to one hundred tracks extending in an easterly and westerly direction, used by defendant for storing, switching and moving its cars and trains. The…
2Cases cited4 opinions
- Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Henderson v. Continental Refining Co.Supreme Court of Pennsylvania · 1908
- Millum v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1909
- Steele v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1913
3Cited by24 opinions
- Altenbach, Et Ux. v. Leh. Val. R.R. Co.Supreme Court of Pennsylvania · 1944
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
- Hogan v. Etna Concrete Block Co.Supreme Court of Pennsylvania · 1936
- Counizzarri v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1915
- Gawronski v. McAdooSupreme Court of Pennsylvania · 1920
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