Legal Opinion

Von Bergen v. Erie Railroad

Superior Court of Pennsylvania

Decided July 10, 1918No. Appeal, No. 35PublishedCited by 3 opinions

Appeal, No. 35, March T., 1918, by defendant, from judgment of C. P. Susquehanna Co., Jan. T., 1916, Nos. 34 and 35, Jan. T., 1917, on verdict for, Lena Von Bergen, in cases of J. T. Von Bergen and Lena Von Bergen, v. Erie Railroad Co. Trespass to recover damages for personal injuries. Before Denney, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for Lena Von Bergen for $1,200. Defendant appealed.

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Appeal, No. 35, March T., 1918, by defendant, from judgment of C. P. Susquehanna Co., Jan. T., 1916, Nos. 34 and 35, Jan. T., 1917, on verdict for, Lena Von Bergen, in cases of J. T. Von Bergen and Lena Von Bergen, v. Erie Railroad Co. Trespass to recover damages for personal injuries. Before Denney, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for Lena Von Bergen for $1,200. Defendant appealed. Error assigned, amongst others, was in overruling defendant’s motion for judgment non obstante veredicto.

1Opinion of the Court

Opinion by

Orlady, P. J.,

Two actions of trespass were brought by the plaintiffs to recover damages for the loss of property of the husband, and for personal injuries of the wife, by reason of a grade crossing accident which occurred under the following circumstances: On December 23,1914, near noon, the plaintiffs with the mother of the wife, started to go from Great Bend to' Hallstead, in order that the mother might take a train at the latter point. They were riding-in a bobsled drawn by one horse, and approached the crossing on a down grade, snow and ice covered road. They had lived near…

2Cases cited5 opinions

  1. Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
  2. Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
  3. Sefton v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1916
  4. Atlantic Refining Co. v. New York, Chicago & St. Louis RailroadSuperior Court of Pennsylvania · 1917
  5. Kleiman v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1917

3Cited by3 opinions

  1. Philadelphia & R. Ry. Co. v. Le BarrCourt of Appeals for the Third Circuit · 1920
  2. Baker v. Director General of Railroads, Pennsylvania Court of Common Pleas, Berks County1919
  3. Sommers v. Dougherty, Pennsylvania Court of Common Pleas, Berks County1922

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