Philad., W. & B. R. v. McCormick
Supreme Court of Pennsylvania
ERROR TO THE COURT OP COMMON PLEAS OP CHESTER COUNTY. No. 180 July Term 1888, Sup. Ct.; court below, No. 85 January Term 1888, C. P. On November 18, 1887, John A. McCormick and Elizabeth McCormick, his wife, brought trespass against the Philadelphia, Wilmington & Baltimore Railroad Company, to recover damages incurred by reason of the death of their son, William McCormick, through the alleged negligence of the defendant company. Issue.
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ERROR TO THE COURT OP COMMON PLEAS OP CHESTER COUNTY. No. 180 July Term 1888, Sup. Ct.; court below, No. 85 January Term 1888, C. P. On November 18, 1887, John A. McCormick and Elizabeth McCormick, his wife, brought trespass against the Philadelphia, Wilmington & Baltimore Railroad Company, to recover damages incurred by reason of the death of their son, William McCormick, through the alleged negligence of the defendant company. Issue. At the trial on May 21, 1888, the facts developed in the plaintiffs’ case were in substance as follows: On September 17, 1887, William McCormick, unmarried and…
1Opinion of the Court
Opinion,
Mb., Chief Justice Paxson :
This case is upon all fours with Railroad Company v. Edelstein, argued and decided at the present term of the court: 23 W. N. 342. It was there held that where the conductor of a train had announced that the next stoppage would be at Jenkintown, and the train stopped short of Jenkintown for a valid reason, but no notice was given to the passengers that it had not reached the station, nor any request or notice to them to retain their seats, and a passenger stepped off in the darkness, of the night, fell into a creek and was thereby injured, the question of…
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