Lynn v. Pittsburgh & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 2, Oct. T., 1920, by defendant, from judgment of O. P. Westmoreland Co., Feb. T., 1918, No. 468, on verdict for plaintiff, in case of Mary Lynn v. Pittsburgh & Lake Erie Railroad Co. Trespass for death of plaintiff’s husband. Before McConnell, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $5,000. Defendant appealed. Error assigned was, among others, refusal of defendants’ motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
At Smithton Station the defendant company has two main tracks, running parallel with the Youghiogheny river, and used by both express and accommodation trains. On the river side there is no shelter for passen-. gers, but on the opposite side of the tracks there is a station building in which the ticket office is located. Looking eastwardly, up the river, the tracks are curved, but the court below correctly states, in its opinion, that “one standing in front of the station building could see in that direction approximately 250 feet,____one standing at [the nearest…
2Cases cited9 opinions
- Pennsylvania Railroad v. WhiteSupreme Court of Pennsylvania · 1879
- Betts v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1899
- Besecker v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1908
- Yevsack v. Lackawanna & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1908
- Struble v. Pennsylvania Co.Supreme Court of Pennsylvania · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Windle v. DavisSupreme Court of Pennsylvania · 1922
- Ferran v. Southern Pacific Co.California Supreme Court · 1935
- Szuwalla Et Ux. v. Reading Co.Supreme Court of Pennsylvania · 1938
- Dahl v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923