Bacon v. Delaware etc. R.
Supreme Court of Pennsylvania
No. 240 January Term 1891, Sup. Ct.; court below, No. 192 February Term 1887, C. P. On January 28, 1887, Lena Bacon brought trespass against the Delaware, Lackawanna & Western Railroad Company, to recover damages for the death of the plaintiff’s husband.
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No. 240 January Term 1891, Sup. Ct.; court below, No. 192 February Term 1887, C. P. On January 28, 1887, Lena Bacon brought trespass against the Delaware, Lackawanna & Western Railroad Company, to recover damages for the death of the plaintiff’s husband. The statement of claim filed averred, inter alia: That on October 12, 1886, the defendant company was the owner, and was in possession and use of a certain railroad, locomotive-engine, cars, station, and passenger platform at the village of Nicholson, Wyoming county, all which were under the charge, government and direction of servants of the…
1Opinion of the Court
Opinion,
Mr. Justice Green:
If the plaintiff’s husband was killed while he was attempting *20to get upon a moving train, she cannot recover, because, notwithstanding the negligence of the defendant in having a defect in the platform, his death was caused in part by his own negligence, and the law will not discriminate between his negligence and that of the company. If there was doubt, or if there was conflicting evidence, as to his being engaged in an attempt to board the train while in 'motion, it would have been necessary to leave that question to the jury ; but, if there was no doubt about it,…
2Cited by5 opinions
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Palen v. WheelockCourt of Appeals for the Eighth Circuit · 1926
- O'Daniel v. Pennsylvania R.District Court, E.D. Pennsylvania · 1946
- Bertram v. Peoples Railway Co.Supreme Court of Missouri · 1900
- Sellers v. Union Traction Co.Superior Court of Pennsylvania · 1902