Legal Opinion

Simons v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania

Decided July 1, 1916No. Appeal, No. 13PublishedCited by 16 opinions

Appeal, No. 13, Jan. T., 1916, by plaintiff, from judgment of G. P. Montgomery Co., Dec. T., 1914, No. 35, for defendant n. o. v., in case of Minnie G-. Simons v. PMladelpMa and Reading Railway Company. Trespass to recover damages for the death of plaintiff’s husband. Before Miller, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $14,675 damages and 6 cents costs.

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Appeal, No. 13, Jan. T., 1916, by plaintiff, from judgment of G. P. Montgomery Co., Dec. T., 1914, No. 35, for defendant n. o. v., in case of Minnie G-. Simons v. PMladelpMa and Reading Railway Company. Trespass to recover damages for the death of plaintiff’s husband. Before Miller, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $14,675 damages and 6 cents costs. The court subsequently entered judgment for defendant n. o. v. Plaintiff appealed. Error assigned was the judgment of the court.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The plaintiff’s husband met with the injury from which he very shortly thereafter died, in a collision between the automobile in which he and several others were passengers and a railroad train on the defendant company’s line. The accident occurred between eleven and twelve o’clock on the night of 15th October, 1914, at a grade crossing in the Borough of Souderton. The action was brought by the widow for the recovery of damages. The statement filed charged as the proximate cause of the accident, the negligent and careless running of the train upon and over the…

2Cases cited2 opinions

  1. Rauch v. SmedleySupreme Court of Pennsylvania · 1904
  2. Buckman v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1911

3Cited by16 opinions

  1. Kindt v. Reading Co.Supreme Court of Pennsylvania · 1945
  2. Shaughnessy v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
  3. Hoffman v. Pittsburgh & Lake Erie R. RSupreme Court of Pennsylvania · 1923
  4. Adams v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1936
  5. O'Farrell v. MawsonSupreme Court of Pennsylvania · 1935

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