Legal Opinion

Bracken v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided January 4, 1909No. Appeal, No. 215PublishedCited by 5 opinions

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Appeal, No. 215, Oct. T., 1908, by defendant, from judgment of C. P. Cambria Co., June T., 1903, No. 32, on- verdict for plaintiff in case of Hudson C. Bracken v. The Pennsylvania Railroad Company. Trespass to recover damages for death of a child. Before O’Connor, P. J. At the trial the defendant, by Mr. Storey as counsel, pleaded surprise as follows: The court having directed that the jury be qualified to try the case of Hudson C. Bracken against the Pennsylvania Railroad Company, entered to No. 32, June Term, 1903, H. W. Storey, counsel for the defendant company, objects to the changing of…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

That the evidence was sufficient to carry this case to the *415jury on the question of defendant’s negligence, is not disputed. The effort was to charge the young lad who met his death with contributory negligence. These were the circumstances. The boy, Harry Bracken, under the age of thirteen years, was playing with some companions at a point near the railroad crossing between Johnstown and Morrellville on the Cambria side. The safety gates at the crossing were closed to give a clear track to a passing engine or train, and several wagons and cabs were waiting…

2Cases cited2 opinions

Ayers v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1902
Weaver v. IselinSupreme Court of Pennsylvania · 1894

3Cited by5 opinions

Minkin v. MinkinSupreme Court of Pennsylvania · 1938
Mosier v. LucasCourt of Appeals of Tennessee · 1947
Merchants' Transfer Co. v. WilkinsonCourt of Appeals of Texas · 1920
Sontum v. Mahoning & Shenango Railway, Co.Supreme Court of Pennsylvania · 1910
Philadelphia v. ConwaySupreme Court of Pennsylvania · 1917