McDyer v. Eastern Pennsylvania Railways Co.
Supreme Court of Pennsylvania
Jan. T., 1909, by defendant, from judgment of C. P. Carbon Co., Oct. T., 1908, No. 28, on verdict for plaintiff in case of Mary McDyer v. Eastern Pennsylvania Railways Company. Trespass to recover damages for personal injuries resulting in death. Before Heydt, P. J. Verdict and judgment for plaintiff for $6,000. Defendant appealed. The opinion of the Supreme Court states the case.
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Jan. T., 1909, by defendant, from judgment of C. P. Carbon Co., Oct. T., 1908, No. 28, on verdict for plaintiff in case of Mary McDyer v. Eastern Pennsylvania Railways Company. Trespass to recover damages for personal injuries resulting in death. Before Heydt, P. J. Verdict and judgment for plaintiff for $6,000. Defendant appealed. The opinion of the Supreme Court states the case. Errors assigned were in refusing to strike out testimony; in refusing to permit certain physicians called by the defense to testify as experts; and to portions of the charge of the court.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
March 28, 1910:
Mary McDyer, widow of James McDyer, recovered a ver*644diet for an injury to her husband resulting in his death al leged to have been caused by the negligence of the defendant company. The defendant has appealed.
James McDyer was a milk dealer: On the day of the accident he was driving a one-horse wagon, and was accompanied by his son, a lad of seventeen. He had served a customer on the south side of a certain street, in the middle of which was a trolley line. He drove a short distance and before reaching the next intersecting street attempted to…
2Cases cited6 opinions
- Yardley v. CuthbertsonSupreme Court of Pennsylvania · 1885
- Yeager & German v. WeaverSupreme Court of Pennsylvania · 1870
- Geist's AppealSupreme Court of Pennsylvania · 1883
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- Oswald v. KennedySupreme Court of Pennsylvania · 1864
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3Cited by16 opinions
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- Johnson v. Valvoline Oil Co. (Et Al.)Superior Court of Pennsylvania · 1938
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