Marsh v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 85, Jan. T., 1903, by defendant, from judgment of C. P. Luzerne Co., May T., 1901, Ño. 293, on verdict for plaintiff in case of Kate L. Marsh v. Lehigh Yalley Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Lynch, J. The circumstances of the accident and the condition of the boiler, the explosion of which caused the death are stated at length in the opinion of the Supreme Court.
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Appeal, No. 85, Jan. T., 1903, by defendant, from judgment of C. P. Luzerne Co., May T., 1901, Ño. 293, on verdict for plaintiff in case of Kate L. Marsh v. Lehigh Yalley Railroad Company. Trespass to recover damages for the death of plaintiff’s husband. Before Lynch, J. The circumstances of the accident and the condition of the boiler, the explosion of which caused the death are stated at length in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $6,750. Defendant appealed. Error assigned among others was in…
1Opinion of the Court
Opinion by
Mr. Justice Brown,.The first reason urged why this judgment should be reversed is, that “ the direct cause of the accident, the specific negligence of the defendant that is alleged to have caused it,” was not shown on the trial below. In pressing this reason, the learned counsel for the appellant insist that the case of plaintiff, as presented, is simply one of a supposed theory as to the cause of the accident, and is not supported by established facts.
It is, of course, true that, as between employer and employee, the mere happening of an accident raises no presumption that it was…
2Cases cited5 opinions
- Alexander v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1902
- Spees v. BoggsSupreme Court of Pennsylvania · 1901
- Higgins v. T. J. Fanning & Co.Supreme Court of Pennsylvania · 1900
- Price v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902
- Penna. & N. Y. Canal & R. R. v. MasonSupreme Court of Pennsylvania · 1885
3Cited by5 opinions
- Fullick v. South Penn Oil Co.Supreme Court of Pennsylvania · 1918
- Pittsburgh Coal Co. v. MyersCourt of Appeals for the Third Circuit · 1913
- Hitchman v. Kerbaugh, Inc.Supreme Court of Pennsylvania · 1914
- Montgomery v. RoweSupreme Court of Pennsylvania · 1913
- Saunders v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1913