Hess v. Berwind-White Coal Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 44, Oct. T., 1896, by defendant, from judgment of O. P. Jefferson Co., September T., 1893, No. 461, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before .McClure, P. J., of the 17th judicial district, specially presiding. At the trial it appeared that on April. 21, 1893, T. M. Hess, plaintiff’s husband, was killed at a point on the Pennsylvania & North "Western Railroad, where the defendant company’s switch joined the railroad.
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Appeal, No. 44, Oct. T., 1896, by defendant, from judgment of O. P. Jefferson Co., September T., 1893, No. 461, on verdict for plaintiff. Trespass for death of plaintiff’s husband. Before .McClure, P. J., of the 17th judicial district, specially presiding. At the trial it appeared that on April. 21, 1893, T. M. Hess, plaintiff’s husband, was killed at a point on the Pennsylvania & North "Western Railroad, where the defendant company’s switch joined the railroad. W. I. McGregor, an employee of defendant, was engaged on the day of the accident in dropping loaded cars from the defendant’s tipple…
1Opinion of the Court
Per Curiam,
Plaintiff’s right to recover' depended on questions of fact *245which, were clearly for the jury. They were accordingly submitted by the learned trial judge with fully adequate and substantially correct instructions. In view of these instructions the verdict is necessarily predicated of the following findings of fact, inter alia, viz: that McGregor, as employee of the mining company defendant, was guilty of negligence that resulted in the death of plaintiff’s husband, and that no negligent act of the latter contributed thereto. Special reference to the testimony tending to prove these…
2Cited by2 opinions
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- Tidwell v. Kay's of Nashville, Inc.Tennessee Supreme Court · 1952