Legal Opinion

De Marchi v. Central Railroad

Supreme Court of Pennsylvania

Decided April 14, 1919No. Appeal, No. 298PublishedCited by 3 opinions

Appeal, No. 298, Jan. T., 1919, by defendant, from judgment of C. P. Carbon Co., Jan. T., 1917, No. 3, upon a verdict for plaintiff in the case of Filomena R. De Marchi v. Central Railroad Company of New Jersey. Action in trespass to recover damages for death of plaintiff’s husband. Before Barber, P. J. Verdict for plaintiff for $19,500. Upon plaintiff remitting the amount of verdict in excess of $14,500 judgment was entered for that amount. Defendant appealed.

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Appeal, No. 298, Jan. T., 1919, by defendant, from judgment of C. P. Carbon Co., Jan. T., 1917, No. 3, upon a verdict for plaintiff in the case of Filomena R. De Marchi v. Central Railroad Company of New Jersey. Action in trespass to recover damages for death of plaintiff’s husband. Before Barber, P. J. Verdict for plaintiff for $19,500. Upon plaintiff remitting the amount of verdict in excess of $14,500 judgment was entered for that amount. Defendant appealed. Errors assigned were (1) the charge of the court, quoting it as below, (2) refusing request for binding instructions for defendant,…

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Plaintiff sued on behalf of herself and her minor children to recover damages for the negligent killing of her husband, the verdict and judgment were for plaintiff and defendant appeals.

On September 10, 1916, Antonio De Marchi, husband of plaintiff, was a passenger on one of defendant’s excursion trains from Jersey City to Mauch Chunk and return. The train consisted of a fast freight locomotive, followed in order by a combination baggage and smoking car and eight open platform coaches of the kind ordinarily used before vestibuled trains were built. On the way to…

2Cases cited3 opinions

  1. Laing v. ColderSupreme Court of Pennsylvania · 1848
  2. Robinson v. FultonSupreme Court of Pennsylvania · 1918
  3. Sulger v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914

3Cited by3 opinions

  1. Delaney v. Buffalo, Rochester & Pittsburgh Railway Co.Supreme Court of Pennsylvania · 1920
  2. Miller v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1931
  3. Hildebrand v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1937

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