Schmidt v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 299, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., March T., 1910, No. 2294, upon directed verdict for defendant in case of Kathleen Schmidt v. Philadelphia and Reading Railway Company, a Corporation. Trespass to recover damages for personal injuries. Before Carr, J. The opinion of the Supreme Court states the facts. The court directed a verdict for the defendant, upon which judgment was entered. Plaintiff appealed.
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Appeal, No. 299, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., March T., 1910, No. 2294, upon directed verdict for defendant in case of Kathleen Schmidt v. Philadelphia and Reading Railway Company, a Corporation. Trespass to recover damages for personal injuries. Before Carr, J. The opinion of the Supreme Court states the facts. The court directed a verdict for the defendant, upon which judgment was entered. Plaintiff appealed. Error assigned was in directing a verdict for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The question for determination here is whether the alleged contributory negligence of decedent was a question of law for the court or of fact for the jury. The husband was run down and killed after midnight at a grade crossing and this action was brought by the widow to recover damages. The presumption is that decedent did his duty which required that he stop, look and listen before attempting to cross the tracks of defendant company. As has been frequently said this is only a presumption which may be rebutted by proofs showing or tending to show failure on the…
2Cases cited3 opinions
- Hugo v. Baltimore & Ohio R. R.Supreme Court of Pennsylvania · 1913
- Rheingans v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1912
- Woodruff v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1911
3Cited by15 opinions
- Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
- Grimes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
- Scholl v. Philadelphia Suburban Transportation Co.Supreme Court of Pennsylvania · 1947
- Lamp v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1931
- Hazlett v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
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