North Pennsylvania Railroad v. Kirk
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county : Of January Term 1878, No. 104. Case by Elias Kirk and Rachel his wife against the North Pennsylvania Railroad Company, to recover damages for the death of their son, which they alleged was caused by the negligent use of a certain railway siding at Abington station, on the line of the defendant’s road. , The trial was before Ross, P. J. The verdict was for plaintiffs for $3050. The other material facts and the various…
Read the full summary
Error to the Court of Common Pleas of Montgomery county : Of January Term 1878, No. 104. Case by Elias Kirk and Rachel his wife against the North Pennsylvania Railroad Company, to recover damages for the death of their son, which they alleged was caused by the negligent use of a certain railway siding at Abington station, on the line of the defendant’s road. , The trial was before Ross, P. J. The verdict was for plaintiffs for $3050. The other material facts and the various assignments of error are sufficiently set forth in the opinion of this court.
1Opinion of the CourtJustice Woodward
' This action was brought by Elias Kirk and his wife, the plaintiffs below, to recover damages for the injury they sustained by the death of their son, caused, as they alleged, by the negligence of the servants of the North Pennsylvania Railroad Company. At the trial the court were asked to charge the jury that the evidence did not show such a relation between the deceased and the plaintiffs as to entitle them to recover. It had been shown that the son was twenty-eight years of age when the accident happened. • He had been away from home at intervals after he attained his majority, and had…
2Cited by16 opinions
- Gaydos v. DomabylSupreme Court of Pennsylvania · 1930
- Lewis v. MellorSuperior Court of Pennsylvania · 1978
- Lewis v. Hunlock's Creek & Muhlenburg Turnpike Co.Supreme Court of Pennsylvania · 1902
- TAYLOR v. FardinkSuperior Court of Pennsylvania · 1974
- Hammaker v. Watts TownshipSuperior Court of Pennsylvania · 1919
11 more not listed; retrieve them via the Exa API.