Legal Opinion

Falyk v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided February 5, 1917No. Appeal, No. 152PublishedCited by 14 opinions

Appeal, No. 152, Oct. T., 1916, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1915, No. 529, on verdict for plaintiff, in case of Tendoska Falyk, Administratrix of the Estate of John Falyk, deceased, v. Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s decedent. Before Evans, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 152, Oct. T., 1916, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1915, No. 529, on verdict for plaintiff, in case of Tendoska Falyk, Administratrix of the Estate of John Falyk, deceased, v. Pennsylvania Railroad Company. Trespass to recover damages for the death of plaintiff’s decedent. Before Evans, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff, Tendoska Falyk, for $2,500; for plaintiff, Barska Falyk, for $600; for plaintiff, Joseph Falyk, for $400; for plaintiff, John Falyk, for $1,000 and for plaintiff, Mary Falyk, for $500, and…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

Plaintiff’s husband, John Falyk, was killed while in the employ of defendant railroad company on July 4, 1915. He was and for over four years had been in such employ as a car cleaner in defendant’s yard, which extends between Thirty-first and Thirty-third streets, Pittsburgh, where its passenger cars are transferred between the east and the west, in interstate commerce.

It is the custom for gangs of men to clean the cars while standing there awaiting transfer. Among the tracks in the yard is No. 31, where a west bound baggage car was placed on that day, and to…

2Cases cited11 opinions

  1. Kanawha & Michigan Railway Co. v. KerseSupreme Court of the United States · 1916
  2. Patterson v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1875
  3. Valjago v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1910
  4. Reese v. ClarkSupreme Court of Pennsylvania · 1901
  5. Brossman v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1886

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Dorsey v. Yoder CompanyDistrict Court, E.D. Pennsylvania · 1971
  2. Reott v. Asia Trend, Inc.Supreme Court of Pennsylvania · 2012
  3. Reott v. Asia Trend, Inc.Superior Court of Pennsylvania · 2010
  4. Hennigan v. Atlantic Refining CompanyDistrict Court, E.D. Pennsylvania · 1967
  5. Moseley v. Reading Co.Supreme Court of Pennsylvania · 1929

9 more not listed; retrieve them via the Exa API.

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