Hamilton v. Pittsburg & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 159, Oct. T., 1897, by plaintiff, from judgment of C. P. Lawrence County, March Term, 1895, No. 20, on verdict for defendant. Trespass for death of plaintiff’s husband. Before Rayburn, P. J., of the 33d judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 159, Oct. T., 1897, by plaintiff, from judgment of C. P. Lawrence County, March Term, 1895, No. 20, on verdict for defendant. Trespass for death of plaintiff’s husband. Before Rayburn, P. J., of the 33d judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in directing verdict for defendant. —The action of the court below in directing a verdict for the defendant, was error: Penna. R. R. v. Hope, 80 Pa. 373; West…
1Opinion of the Court
Opinion by
Mb. Justice Felr,
In this case a verdict was directed for the defendant on the ground that the evidence would not justify a finding of negligence which was the proximate cause of the death of the plain- *640, tiff’s husband. The facts shown by the testimony are these: The plaintiff’s husband got on a car of the defendant company .at Lowellville to ride ten miles to New Castle Junction, where he was to change cars and take a train on a branch road operated by the defendant for New Castle where he lived. He was under the influence of liquor, and was assisted on the train by a friend who…
2Cited by7 opinions
- Jaffe v. Philadelphia & Western R. CoCourt of Appeals for the Third Circuit · 1950
- Lammers v. Pacific Electric Ry. Co.California Supreme Court · 1921
- Farnsworth v. BarretCourt of Appeals of Kentucky · 1912
- Gwyn v. Cincinnati, N. O. & T. P. R.Court of Appeals for the Sixth Circuit · 1907
- Gaukler v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1902
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