Dryden v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 219, Jan. T., 1904, by-plaintiff, from order of C. P. Berks Co., Aug. T., 1902, No. 112, refusing to take off nonsuit in case of Elizabeth S. Dryden v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Endlich, J. The facts as stated by the court were as follows : On the forenoon of August 21, 1901, the plaintiff’s husband hired a buggy, with driver, in Leesport, to go to a nearby place.
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Appeal, No. 219, Jan. T., 1904, by-plaintiff, from order of C. P. Berks Co., Aug. T., 1902, No. 112, refusing to take off nonsuit in case of Elizabeth S. Dryden v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Endlich, J. The facts as stated by the court were as follows : On the forenoon of August 21, 1901, the plaintiff’s husband hired a buggy, with driver, in Leesport, to go to a nearby place. The road crosses the railway diagonally at grade and then runs almost parallel with it for some distance, at a level depressed below that of the railway,…
1Opinion of the Court
Per Curiam,
The learned judge below after stating the facts in his opinion refusing to take off the nonsuit, continued: “ The collision occurred the instant the carriage reached the track. There was testimony that the. sound of the locomotive whistle was liable to be obscured by the hedge, etc., already referred to. But no matter to what extent that may be true, and no matter which of the figures named are accepted as correctly giving the speed of the train or the distance from the crossing at which it might have been seen by the occupants of the buggy, it is too plain for dispute that they…
2Cases cited12 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
- Kinter v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
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3Cited by10 opinions
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Hardie v. BarrettSupreme Court of Pennsylvania · 1917
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
- City of Louisville v. Bott's Admrx.Court of Appeals of Kentucky · 1913
- Kunkle v. Lancaster CountySupreme Court of Pennsylvania · 1907
5 more not listed; retrieve them via the Exa API.