Lonzer v. Lehigh Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 391, Jan. T., 1899, by-defendant, from judgment of C. P. Luzerne Co., Oct. T., 1896, No. 580, on verdict for plaintiff in case of Catharine E. Lonzer v. Lehigh Yalley Railroad Company. Trespass for death of plaintiff’s husband. Before Edwards, J. At the trial it appeared that Michael Lonzer, plaintiff’s husband, was killed on January 20, 1896, while working as a locomotive engineer on one of defendant’s trains.
Read the full summary
Appeal, No. 391, Jan. T., 1899, by-defendant, from judgment of C. P. Luzerne Co., Oct. T., 1896, No. 580, on verdict for plaintiff in case of Catharine E. Lonzer v. Lehigh Yalley Railroad Company. Trespass for death of plaintiff’s husband. Before Edwards, J. At the trial it appeared that Michael Lonzer, plaintiff’s husband, was killed on January 20, 1896, while working as a locomotive engineer on one of defendant’s trains. The accident occurred near Hazelton, and was caused by a subsidence of the track. This subsidence was due to the sinking of the land over mine workings from which the coal…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The plaintiff’s husband was engineer of a train which was derailed by a subsidence of the track, and he was killed. The defense was his own contributory negligence.
It appeared by the undisputed evidence that the track was laid for a considerable distance over mine workings from which the coal had been removed; that from time to time prior to the accident there had been cavings in of the surface along the railroad’s right of way; that the road was known to be in an unsafe condition from this tendency, and that the accident resulting in deceased’s death arose from…
2Cases cited1 opinion
- Holland v. KindreganSupreme Court of Pennsylvania · 1893
3Cited by37 opinions
- Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
- Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1911
- MacDonald v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1944
- Holzheimer v. Lit Bros.Supreme Court of Pennsylvania · 1918
- Shaughnessy v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
32 more not listed; retrieve them via the Exa API.