Legal Opinion

Buckman v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania

Decided January 12, 1910No. Appeal, No. 152PublishedCited by 9 opinions

Jan. T., 1909, by defendant, from judgment of O. P. No. 3, Phila. Co., March T., 1904, No. 3,362, on verdict for plaintiff in case of Ella P. Buck-man v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Moschzisker; J. At the trial the jury returned a verdict of $15,450, upon which judgment was entered for $15,000, all above that sum having been remitted. Defendant appealed.

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Jan. T., 1909, by defendant, from judgment of O. P. No. 3, Phila. Co., March T., 1904, No. 3,362, on verdict for plaintiff in case of Ella P. Buck-man v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Moschzisker; J. At the trial the jury returned a verdict of $15,450, upon which judgment was entered for $15,000, all above that sum having been remitted. Defendant appealed. Error assigned was the admission of the plaintiff’s testimony quoted in the opinion of the Supreme Court.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

February 21, 1910:

We think the manner of examining the plaintiff, while on the *279witness stand, as to the amount of profits which her husband made in his truck business was objectionable and should not have been allowed. Tt was objected to by the defendant and is assigned for error. The action was brought by the plaintiff to recover damages for the death of her husband who she alleges was killed by the negligence of the defendant company at a grade crossing in Montgomery county. The plaintiff was the first witness called in support of her claim, and after stating…

2Cited by9 opinions

  1. Baxter v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
  2. Filer v. FilerSupreme Court of Pennsylvania · 1930
  3. Dempsey v. City of ScrantonSupreme Court of Pennsylvania · 1919
  4. Boggess v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1912
  5. Buckman v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911

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