Burns v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 104, Oct. T., 1904, by defendant, from judgment of O. P. Cambria Co., June T., 1903, No. 248, on verdict for plaintiff in ease of Catherine Burns v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband.
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Appeal, No. 104, Oct. T., 1904, by defendant, from judgment of O. P. Cambria Co., June T., 1903, No. 248, on verdict for plaintiff in ease of Catherine Burns v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before O’Connor, P. J. Defendant presented, inter alia, the following points: 4. That the city of Johnstown did not have authority to require safety gates to be erected and operated on each side of the road, inasmuch as the southerly side thereof was in Lower Yoder township, and the court is requested to strike out the testimony relating…
1Opinion of the Court
Opinion-by
Mb. Justice Thompson,
Appellee’s husband was killed while crossing appellant’s railroad at what is known as the Brownstown crossing in the suburbs of Johnstown, and for his loss the appellee brought this suit.
The deceased, who lived a short distance from that crossing-left his home on January 9, 1903, at 6.30 in the morning to go to the Cambria Steel Works where he was employed. The morning was dark and there was a slight fall of snow. He reached the crossing and while passing over it was struck by a moving train of appellant and instantly killed. The southerly line, of appellant’s…
2Cases cited1 opinion
- Ubelmann v. American Ice Co.Supreme Court of Pennsylvania · 1904
3Cited by3 opinions
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906