Irey v. Pennsylvania R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 141 July Term 1889, Sup. Ct.; court below, No. 70 January Term 1888, C. P. On December 13, 1887, Hannah M. Irey brought trespass against the Pennsylvania Railroad Company, to recover damages for the death of her husband, Benjamin Irey, charged to the alleged negligence of the defendant company’s employees. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 141 July Term 1889, Sup. Ct.; court below, No. 70 January Term 1888, C. P. On December 13, 1887, Hannah M. Irey brought trespass against the Pennsylvania Railroad Company, to recover damages for the death of her husband, Benjamin Irey, charged to the alleged negligence of the defendant company’s employees. Issue. At the trial on November-14, 1888, before Futiiey, P. J., upon the close of the plaintiff’s testimony, on motion the court entered judgment of nonsuit, with leave etc. Subsequently a rule to show cause why the…
1Per curiam
The judgment of nonsuit was properly entei’ed. The evidence shows that the deceased lost his life as the result of his
own rashness. While waiting at the station to take the train for Phcenixville, under the mistaken belief that his own train
was just starting, he left the platform and ran across the tracks, directly in front of a passing train by which he was struck and killed. Had he looked he would have seen the approaching train and saved his life. It is idle to speak of the negligence of the defendant company; plaintiff’s own negligence was so palpable as to justify the judge below in…
2Cited by3 opinions
- Tiers v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1927
- Keifner v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1909
- Foreman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1894