Davis v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 188, April T., 1907, by defendant, from judgment of C. P. Cambria Co., June T., 1904, No. 213, on verdict for plaintiff in case of William and Cora J. Davis v. The Pennsjdvania Railroad Company. Trespass to recover damages for death of plaintiff’s son. Before Bell, P. J., specially presiding.
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Appeal, No. 188, April T., 1907, by defendant, from judgment of C. P. Cambria Co., June T., 1904, No. 213, on verdict for plaintiff in case of William and Cora J. Davis v. The Pennsjdvania Railroad Company. Trespass to recover damages for death of plaintiff’s son. Before Bell, P. J., specially presiding. The plaintiff presented the following points: 3. While it is true that trains must be run at a high rate of speed to reach their greatest utility, yet in populous towns and cities where the tracks cross a much traveled street or highway, the speed must be moderated or such other precautions…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action or trespass originally brought by William Davis against the defendant, based on the killing of the plaintiff’s son, aged between thirteen and fourteen years, at a public crossing of the defendant’s five tracked railroad at Cresson, Pennsylvania.
During the trial the record was amended hy adding the name of Cora J. Davis as a plaintiff. This action is maintainable only under the provisions of the Acts of April 15, 1851, P. L. 669, and April 26, 1855, P. L. 309. It is solely by vir? tue of the provisions of these statutes that damages are recoverable for…
2Cases cited9 opinions
- Nagle v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1879
- Kelly v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1903
- Lehigh Valley Railroad v. BrandtmaierSupreme Court of Pennsylvania · 1886
- Pennsylvania Railroad Co.'s CaseSupreme Court of Pennsylvania · 1906
- Crissey v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1874
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