Aiken v. Pennsylvania R.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 70 October Term 1889, Sup. Ct.; court below, No. 570 March Term 1888, C. P. No. 1. On March 5, 1888, service was accepted of a summons in trespass brought by Mrs. Elizabeth Aiken against the Pennsylvania Railroad Company, to recover damages for tbe alleged negligent killing of her husband, Samuel B. Aiken, by tbe defendant company. Tbe defendant pleaded not guilty.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 70 October Term 1889, Sup. Ct.; court below, No. 570 March Term 1888, C. P. No. 1. On March 5, 1888, service was accepted of a summons in trespass brought by Mrs. Elizabeth Aiken against the Pennsylvania Railroad Company, to recover damages for tbe alleged negligent killing of her husband, Samuel B. Aiken, by tbe defendant company. Tbe defendant pleaded not guilty. At tbe trial on January 21, 1889, the following facts were shown: About nine o’clock on tbe evening of January 16, 1888, the plaintiff’s husband was…
1Opinion of the Court
Opinion,
Mb. Justice Mitchell :
This is a perfectly clear case of contributory negligence, un*393relieved by any circumstance which the jury should have been allowed to consider as an excuse for a violation of the plainest dictates of prudence, and the settled rules of law. The deceased, at 9 o’clock on a rather dark night in January, was walking along Penn avenue, in the borough of Wilkinsburgh, and came to the railroad, which at that point had then ten or eleven tracks at grade, occupying a space of about one hundred fifty feet. It was intrinsically a dangerous place, and at the particular time…
2Cases cited7 opinions
- Nagle v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1879
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
- Greenwood v. Phil. W. & B. R.Supreme Court of Pennsylvania · 1889
- North Pennsylvania Railroad v. HeilemanSupreme Court of Pennsylvania · 1865
- Pennsylvania Railroad v. WernerSupreme Court of Pennsylvania · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Simrell Et Ux. v. EschenbachSupreme Court of Pennsylvania · 1931
- Serfas v. Lehigh & New England RailroadSupreme Court of Pennsylvania · 1921
- Blackburn v. Southern Pacific Co.Oregon Supreme Court · 1898
- Baltimore & O. R. v. MuldoonCourt of Appeals for the Third Circuit · 1939
- Benner v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
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