Central Railroad Co. of New Jersey v. Feller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Carbon county: Of January Term 1877, No. 256. Case by Mary Feller and others, the widow and heirs of Henry Feller, against the Central Railroad Company of New Jersey, to recover damages for the death of said Henry Feller, which it ivas alleged was caused by the negligence of the defendant company. The facts are fully stated in the opinion of this court.
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Error to the Court of Common Pleas of Carbon county: Of January Term 1877, No. 256. Case by Mary Feller and others, the widow and heirs of Henry Feller, against the Central Railroad Company of New Jersey, to recover damages for the death of said Henry Feller, which it ivas alleged was caused by the negligence of the defendant company. The facts are fully stated in the opinion of this court. At the trial, before Dreher, P. J., the following was the third point submitted by plaintiff:— If the jury believe that the watch-house erected by the company shut off the view of approaching trains then…
1Opinion of the CourtChief Justice Agnew
This case was well tried in the court below, except in a single aspect which the court failed to notice. The consequence has been that the jury, looking at one side only, followed the common bent of jurors when a railroad company is a party. Had the consequence of Henry Feller’s negligence been the destruction of the *229train and a heavy loss of human life, the case would have been seen .very differently. Being himself the only sufferer, the interests of the Railroad Company and the public have been lost sight of. A motion for a nonsuit at the close of the plaintiff’s evidence would have…
2Cases cited1 opinion
- Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
3Cited by8 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Flynn v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1912
- Usher v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1940
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