Cookson v. Pittsburg & Western Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 2, Oet. T., 1896, by defendant, from judgment of C. P. Butler Co., Dec. T., 1895, No. 82, on verdict for plaintiff. Trespass for the death of plaintiff’s wife and son. At the trial it appeared that on, February 1, 1894, plaintiff’s wife, Malinda Cookson, and her son, Walter, were .lulled by one of defendant’s trains at a grade crossing in Evans City. The accident occurred about nine or ten o’clock in the morning.
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Appeal, No. 2, Oet. T., 1896, by defendant, from judgment of C. P. Butler Co., Dec. T., 1895, No. 82, on verdict for plaintiff. Trespass for the death of plaintiff’s wife and son. At the trial it appeared that on, February 1, 1894, plaintiff’s wife, Malinda Cookson, and her son, Walter, were .lulled by one of defendant’s trains at a grade crossing in Evans City. The accident occurred about nine or ten o’clock in the morning. Mrs. Cookson was driving two horses hitched to a common country sled, and was accompanied by her son, who was about eleven years of age. Mrs. Cookson was about…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The appellant’s train was run northward and after detaching three cars upon a siding by a flying switch, was continued over and beyond the public road, and then backed oyer the crossing again with no brakeman at the rear, and no warning except the' ringing of the bell at the other end, even this being disputed. Under such circumstances the appellant’s negligence, though not formally conceded, did not admit of serious contention.
The public road had a down grade towards the track, and plaintiff’s decedent stopped at a point about one hundred and seventy-five feet…
2Cases cited4 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- McNerney v. Reading CitySupreme Court of Pennsylvania · 1892
- Dooner v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1894
3Cited by17 opinions
- Delair v. McAdooSupreme Court of Pennsylvania · 1936
- Beardslee v. Columbia TownshipSupreme Court of Pennsylvania · 1898
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
- Buckman v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911
- Elston v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1900
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