Legal Opinion

Farley v. Harris

Supreme Court of Pennsylvania

Decided July 21, 1898No. Appeal, No. 251PublishedCited by 5 opinions

Appeal, No. 251, Jan. T., 1897, by plaintiff, from order of C. P. No. 1, Pbila. County, J une T., 1894, No. 366, refusing to take off nonsuit. Trespass to recover damages for death of plaintiff’s husband. The facts appear by the opinion of the Supreme Court. Error assigned was in refusing to take off nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Dean,

Second street in the city of Philadelphia crosses the defendants’ railroad track by an overhead bridge, the floor of the bridge being about eight feet from the roof of the ordinary freight car. The bridge is an open iron one, about one hundred and fifty feet in length. On the afternoon of August 20, 1894, the plaintiff’s husband, James C. Farley, was driving a two-horse garbage wagon across the bridge, when his horses took fright at the whistle of a locomotive on the railroad below, and ran away; Farley was thrown out and so seriously injured that he died. The…

2Cases cited3 opinions

  1. Philadelphia, Wilmington & Baltimore Railroad v. StingerSupreme Court of Pennsylvania · 1875
  2. Pennsylvania Railroad v. BarnettSupreme Court of Pennsylvania · 1868
  3. Philadelphia & Reading Railroad v. KillipsSupreme Court of Pennsylvania · 1879

3Cited by5 opinions

  1. Louisville & Nashville Railroad v. SawyerTennessee Supreme Court · 1904
  2. Webb v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
  3. Bracken v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1906
  4. Skinner v. New York, O. & W. RailroadNew York Supreme Court · 1900
  5. Wickkiser v. Lehigh & Hudson River Railway Co., Pennsylvania Court of Common Pleas, Philadelphia County1924

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