Westerberg v. Kinzua etc. R.
Pennsylvania Court of Common Pleas, McKean County
No. 402 January Term 1891, Sup. Ct.; court below, No. 466 October Term 1889, C. P. On September 25, 1889, Karl J. Westerberg and Christina, his wife, brought trespass against the Kinzua Creek & Kane Railroad Company, to recover damages for the death of the plaintiffs’ two minor children, charged to the negligence of the defendant company. Issue.
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No. 402 January Term 1891, Sup. Ct.; court below, No. 466 October Term 1889, C. P. On September 25, 1889, Karl J. Westerberg and Christina, his wife, brought trespass against the Kinzua Creek & Kane Railroad Company, to recover damages for the death of the plaintiffs’ two minor children, charged to the negligence of the defendant company. Issue. At the trial, on November 29, 1890, it was shown that, on June 22, 1889, two of the plaintiffs’ children, one of them nearly four years of age and the other about two, were in the woods gathering flowers, in company with their two sisters, the elder…
1Per curiam
Much as we deplore the sad accident by which the plaintiffs two children were killed, we cannot say the court below erred in entering a judgment of nonsuit. The children referred to, both of tender years, accompanied by an elder sister of about fourteen, had been out to the woods to gather flowers. Upon their return, they were walking upon the railroad track, when a loaded coal-car, which had broken loose from the train, came down the road, struck the two younger children, and inflicted injuries of which they died.
If we concede there was negligence on the part of the company, in permitting…
2Cases cited5 opinions
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Gillespie v. McGowanSupreme Court of Pennsylvania · 1882
- Hydraulic Works Co. v. OrrSupreme Court of Pennsylvania · 1877
- Cauley v. Pittsburgh, Cincinnati & St. Louis Railway Co.Supreme Court of Pennsylvania · 1880
- Philadelphia & Reading Railroad v. LongSupreme Court of Pennsylvania · 1874
3Cited by10 opinions
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- Harrington v. Butte, Anaconda & Pacific Ry. Co.Montana Supreme Court · 1908
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1906
- Scherer v. SchlabergNorth Dakota Supreme Court · 1909
- Vinnette v. Northern Pacific Railway Co.Washington Supreme Court · 1907
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