Pennsylvania Railroad v. Fortney
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1879, No. 156. Case by the widow and children of David Fortney against the Pennsylvania Railroad Company, to recover damages for the death of said David Fortney, alleged to have been caused by the negligence-of defendant. The facts are substantially set forth in the opinion of this court.
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1879, No. 156. Case by the widow and children of David Fortney against the Pennsylvania Railroad Company, to recover damages for the death of said David Fortney, alleged to have been caused by the negligence-of defendant. The facts are substantially set forth in the opinion of this court. In the court below', after the plaintiffs had submitted all their evidence, the defendant moved for a compulsory nonsuit, on the ground of negligence by the deceased, as shown by the plaintiff’s own witnesses. The court (Pearson, P. J.,)…
1Opinion of the CourtJustice Mercur
This case presents substantially one question only: that is, whether the court erred in submitting the evidence to the jury?
If the undoubted evidence clearly showed any fact which proved David Fortney guilty of concurring negligence, the court should have said there could be no recovery : Pennsylvania Railroad Co. v. Ogier, 11 Casey 60; Catawissa Railroad Co. v. Armstrong, 2 P. F. Smith 282; Pittsburgh & Connellsville Railroad Co. v. McClurg, 6 Id. 294; McKee v. Bidwell, 24 Id. 218. If, however, the fact relied on to establish negligence was doubtful, the case was properly submitted to the…
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