Sulger v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 23, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1910, No. 1925, on verdict for plaintiff in case of Virginia Grace Sulger v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiff’s husband.
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Appeal, No. 23, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1910, No. 1925, on verdict for plaintiff in case of Virginia Grace Sulger v. Philadelphia & Reading Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Ormerod, P. J. Plaintiff’s husband, while a passenger upon an excursion train operated by the defendant railway company and while passing from the rear platform of a passenger coach to a baggage car fitted up as a refreshment car was thrown through the lurching of the train while taking a curve and was killed.…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
After a careful review of this record we have concluded that the case was for the jury both as to the negligence of the defendant company and as to the contributory negligence of the deceased husband. The excursion train upon which the accident occurred was made up of nine passenger coaches and a baggage car, the latter having been fitted up by appellant for the use of excursionists as a place to get drinks and secure refreshments. The baggage car thus fitted up was placed in the center of the train for the more convenient access of passengers entering it from…
2Cases cited1 opinion
- Robinson v. Chicago & Alton RailroadMichigan Supreme Court · 1903
3Cited by3 opinions
- Delaney v. Buffalo, Rochester & Pittsburgh Railway Co.Supreme Court of Pennsylvania · 1920
- Barrage v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1915
- De Marchi v. Central RailroadSupreme Court of Pennsylvania · 1919