Legal Opinion

Flower v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided January 9, 1872PublishedCited by 22 opinions

Error to the Court of Common Pleas of Lebanon county: No. 57, to May Term 1871. This was an action on the case, commenced May 9th 1868, in the Court of ‘Common Pleas of Lancaster county, by John M. Elower and Wife against the Pennsylvania Railroad Company, to recover damages for the death of the plaintiffs’ son, Phares Elower, a child about ten years old, occasioned, as they alleged, by the negligence of the defendants’ servants.

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Error to the Court of Common Pleas of Lebanon county: No. 57, to May Term 1871. This was an action on the case, commenced May 9th 1868, in the Court of ‘Common Pleas of Lancaster county, by John M. Elower and Wife against the Pennsylvania Railroad Company, to recover damages for the death of the plaintiffs’ son, Phares Elower, a child about ten years old, occasioned, as they alleged, by the negligence of the defendants’ servants. On the 31st of August 1869, the cause was removed by the defendants to- the Court of Common Pleas of Lebanon county, where it was tried November 16th 1870, before…

1Opinion of the Court

The opinion of the court was delivered, January 9th 1872, by

Agnew, J.

It is proper this case should be examined in the *214light of the evidence of the plaintiffs. According to that view the engine, tender and one freight-car ran down to the water-tank to take in water. They were in charge of the fireman, the engineer having necessarily stopped off till their return. At the water-station the fireman in charge asked the son of the plaintiffs, a boy ten and a half years old, standing on the platform of the water-tank, to put in the hose and turn on the water; and then turned to clean out the ash-pan…

2Cited by22 opinions

  1. Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
  2. Byrne v. Pittsburgh Brewing Co.Supreme Court of Pennsylvania · 1918
  3. Hartquist v. Tamiami Trail Tours, Inc.Supreme Court of Florida · 1939
  4. Rodgers v. LeesSupreme Court of Pennsylvania · 1891
  5. Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902

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