Pennsylvania Railroad v. Butler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Snyder county. This was an action by Mary A. Butler and Samuel H. McCoy, guardians of four minor children of William Butler, deceased, against The Pennsylvania Railroad Company, for negligence in causing the death of the deceased.
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Error to the Court of Common Pleas of Snyder county. This was an action by Mary A. Butler and Samuel H. McCoy, guardians of four minor children of William Butler, deceased, against The Pennsylvania Railroad Company, for negligence in causing the death of the deceased. The suit was brought in Mifflin county to May Term 1866, and certified to Snyder county, where it was entered as of February Term 1867. At the trial it appeared, that on the 14th of October 1865, Mr. Butler was riding in a car of the defendant, when an accident occurred near Lancaster, by which a portion of the bottom of the car…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
This was an action by the defendants below as guardians of the minor children of William Butler, deceased, against the plaintiffs in error, to recover damages on account of the death of their father, caused as it was alleged by negligence.
The 1st error assigned has been properly abandoned, as it is too well settled to be now controverted, that a stipulation by a common carrier that he shall not be liable for damages, does not relieve him from responsibility for actual negligence by himself or servants. Groldey v. Pennsylvania Railroad…
2Cited by34 opinions
- Commonwealth v. FugmannSupreme Court of Pennsylvania · 1937
- Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
- Davidson Benedict Co. v. SeversonTennessee Supreme Court · 1902
- Boyd v. SmithSupreme Court of Pennsylvania · 1953
- Smail v. FlockSupreme Court of Pennsylvania · 1962
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