Ham v. Delaware & Hudson Canal Co.
Supreme Court of Pennsylvania
Appeal, No. 238, Jan. T., 1892, by defendant, from judgment of C. P. Susquehanna Co., Jan. T., 1889, No. 206, on verdict for plaintiff, Matilda Ham. Trespass by widow for death of her husband caused by alleged negligence of defendant. At the trial, before Searle, P. J., it appeared that plaintiff’s intestate, James Ham, on Nov. 3, 1888, was a passenger upon a train of defendant company from Carbondale to Forest City.
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Appeal, No. 238, Jan. T., 1892, by defendant, from judgment of C. P. Susquehanna Co., Jan. T., 1889, No. 206, on verdict for plaintiff, Matilda Ham. Trespass by widow for death of her husband caused by alleged negligence of defendant. At the trial, before Searle, P. J., it appeared that plaintiff’s intestate, James Ham, on Nov. 3, 1888, was a passenger upon a train of defendant company from Carbondale to Forest City. When the conductor approached him for his ticket, Ham informed him that he had purchased one that morning, and began searching his pockets to find it, but failed to produce it. •…
1Dissent
*556Dissenting Opinion by
Mb. Justice Gbeen.
When this case was here before, 142 Pa. 617, we said, “ that the presence of the man on the track at so remote a point cannot be justified except upon clear proof of a most imperious necessity: ” and also that, “ It is not possible that when a person is ejected from a train he is at liberty to walk upon the track of the road for any considerable distance, or for any distance more than is absolutely necessary to enable him to reach a position of safety.”
We also held that there was no proof of that kind of necessity in the case and reversed the judgment of…
2Cases cited8 opinions
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Aiken v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
- Penn. R. v. BellSupreme Court of Pennsylvania · 1888
- Penn. R. v. MooneySupreme Court of Pennsylvania · 1889
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