McNeal v. Pittsb. & W. Ry. Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EBOM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 199 October Term 1889, Sup. Ct.; court below, No. 427 June Term 1888, C. P. No. 1. ’ On May 4, 1888, service was accepted of a summons in an action of trespass brought by Alice McNeal against the Pittsburgh & Western Railway Company, to recover damages for the death of the plaintiff’s husband, charged to the negligence of the defendant company.
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APPEAL BY PLAINTIEE EBOM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 199 October Term 1889, Sup. Ct.; court below, No. 427 June Term 1888, C. P. No. 1. ’ On May 4, 1888, service was accepted of a summons in an action of trespass brought by Alice McNeal against the Pittsburgh & Western Railway Company, to recover damages for the death of the plaintiff’s husband, charged to the negligence of the defendant company. At the trial on April 4,1889, before Slagle, J., Edward McNeal, a son of the deceased and of the plaintiff, testified that he was with his father when the accident…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
The facts, as we gather them from the testimony, are that McNeal heard the whistle, and stopped his team at about 50 feet from the track. Presumably, he looked and listened, but *188it is undisputed that, on account of the curve of the railroad and an intervening hill, he could have seen but a short distance; and the evidence is that no further whistle or other warning was given, and whether he could have heard the rattle of the approaching train from that point is not certain. After stopping, and, as said, presumably looking and listening, he drove on again; and…
2Cases cited1 opinion
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
3Cited by29 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Kirby v. Southern Pacific Co.Oregon Supreme Court · 1923
- Quigley v. ThompsonSupreme Court of Pennsylvania · 1905
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