Moules v. Del. & H. Canal Co.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE WAYNE COUNTY. January Term 1891, Sup. Ct.; court below, No. 828 May Term 1889, C. P. On August 12, 1889, Laura Moules brought trespass against the Delaware & Hudson Canal Co., to recover damages for negligence resulting in the death of the plaintiff’s husband, A. Moules. Issue.
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APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE WAYNE COUNTY. January Term 1891, Sup. Ct.; court below, No. 828 May Term 1889, C. P. On August 12, 1889, Laura Moules brought trespass against the Delaware & Hudson Canal Co., to recover damages for negligence resulting in the death of the plaintiff’s husband, A. Moules. Issue. At the trial on March 21, 1890, the case presented was to the effect that the deceased was employed as the conductor or runner of a coal train on the defendant company’s railroad between Waymart and Honesdale, and had been in such employment for seventeen years. The…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
We fail to find in this case any evidence of defendants negligence, nor is it easy to ascertain with precision just what negligence is charged. The learned judge put it to the jury entirely on the method of managing the trips at the head of the plane, — whether it was such as furnished reasonable protection to the trainmen; while the argument of appellee here rests mainly on the action of Ryan in stopping Hoyle, when about to go back for the purposé, as he alleged, of notifying Moules. Appellee also argues negligence from the absence of a headman on that day; but…
2Cases cited1 opinion
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