Muscarro v. New York Central & Hudson River Railroad
Supreme Court of Pennsylvania
Appeal, No. 330, Jan. T., 1898, by defendant, from judgment of C. P. Warren Co., Dec. T., 1897, No. 52, on verdict for plaintiff. Trespass for damages for death of Angelo Muscarro, plaintiff’s husband.
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Appeal, No. 330, Jan. T., 1898, by defendant, from judgment of C. P. Warren Co., Dec. T., 1897, No. 52, on verdict for plaintiff. Trespass for damages for death of Angelo Muscarro, plaintiff’s husband. Shortly before the north bound passenger train on defendant’s road in the borough of Warren was due to cross Public Way, a street in said borough, Angelo Muscarro started from his house and went eastward to Public Way and thence along Public Way to near the place where the railroad track crosses Public Way, at which point he walked upon the crossing and was struck by the train of plaintiff…
1Opinion of the Court
Opinion by
Me. Justice Fell,
The two witnesses who saw the accident which caused the death of the plaintiff’s husband gave widely different accounts of the occurrence. One of them testified that the deceased, when within two feet of the track, stopped and looked both ways, and then went on and was struck by the engine when about the middle of the track. The other witness testified that when the engine was 150 feet from the crossing he saw the deceased approaching the track, and that he went on without stopping or looking, and stepped in front of the engine. There was a curve in the track a…
2Cases cited4 opinions
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1897
3Cited by3 opinions
- Todd v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1915
- Ginocchi v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1925
- Forno v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912