Erie & W. V. R. v. Smith
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON RLEAS OE WAYNE COUNTY. No. 184 January Term 1889, Sup. Ct.; court below, No. 119 October Term 1886, C. P. Case by Amelia L. Smith, against the Erie & Wyoming Valley Railroad Co. to recover damages for the death of Frederick M. Smith, her husband, a fireman employed on defendant’s locomotive, by reason of the alleged unsafe and improper construction of the track, the unsafe and improper kind of engine used, the unsafe and improper speed at which…
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ERROR TO THE COURT OE COMMON RLEAS OE WAYNE COUNTY. No. 184 January Term 1889, Sup. Ct.; court below, No. 119 October Term 1886, C. P. Case by Amelia L. Smith, against the Erie & Wyoming Valley Railroad Co. to recover damages for the death of Frederick M. Smith, her husband, a fireman employed on defendant’s locomotive, by reason of the alleged unsafe and improper construction of the track, the unsafe and improper kind of engine used, the unsafe and improper speed at which said engine was run, and the careless and negligent manner of constructing and operating said railroad and appurtenances.…
1Opinion of the Court
Opinion,
Mr. Justice Green :
In no possible point of view were the declarations which were admitted in evidence under the 13th, 14th, and 15th assignments of error competent. The testimony of Vaughan' as to what Hopkins had told him was not admissible as a contradiction of anything as to which Hopkins had been asked; and as declarations by agents while in the course of their duty, all the declarations of the three persons, Warg, Hopkins, and Smith, were incompetent, because they were not part of the res gestee. The rule of law upon this subject is so perfectly familiar that it is not necessary…
2Cases cited3 opinions
- Pennsylvania Railroad v. ButlerSupreme Court of Pennsylvania · 1868
- Huntingdon & Broad Top Mountain Railroad & Coal Co. v. DeckerSupreme Court of Pennsylvania · 1876
- Delaware & Hudson Canal Co. v. BarnesSupreme Court of Pennsylvania · 1858
3Cited by11 opinions
- Commonwealth v. FugmannSupreme Court of Pennsylvania · 1937
- Hamory v. Pennsylvania, Monongahela & Southern RailroadSupreme Court of Pennsylvania · 1909
- Mensch. v. Pa. R. R.Supreme Court of Pennsylvania · 1892
- Rosenstiel v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Bradbury v. Kingston Coal Co.Supreme Court of Pennsylvania · 1893
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